Made in the USA • 75 Night Trial • Free Shipping
Effective Date: 04/15/2016
Doze Beds, Inc. (hereinafter “Doze,” “we” or “us”) provides the website www.dozebeds.com, our computing applications and the data, information, tools, updates and similar materials delivered or provided by Doze (collectively, the “Service”), as well as products sold through the Service (the “Products”) subject to your agreement to and compliance with the conditions set forth in this Terms and Conditions Agreement (the “Agreement”). This Agreement sets forth the legally binding terms and conditions governing your use of the Service and purchase of the Products. By using the Service, making a purchase or otherwise entering into this Agreement, you are creating a binding contract with Doze. If you do not agree to these terms and conditions, you may not use the Service or purchase any Products.
We may revise or update this Agreement by posting an amended version through the Service and making you aware of the revisions. Your use of the Service following an update to this Agreement (or other acceptance method) is considered acceptance of the updated Agreement.
As long as you are in compliance with the conditions of this Agreement and all incorporated documents, Doze hereby grants you a limited, revocable, non-assignable, non-transferrable, non-sublicensable, non-exclusive license to use and access the Service only on your computing device for personal use. No rights not explicitly listed are granted.
The following additional terms are incorporated into this Agreement as if fully set forth herein:
Disclaimer While we make reasonable efforts to ensure that the Service remains available at all times, we do not represent or warrant that access to the Service will be error-free or uninterrupted, or without defect, and we do not guarantee that users will be able to access or use the Service, or its features, at all times.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service, or any part thereof, with or without notice.
The Service may contain typographical errors or inaccuracies, including relating to price, and may not be complete or current. We reserve the right to correct any such errors, inaccuracies or omissions and to change or update information at any time without prior notice, even if your order has already been accepted or processed.
You must be at least thirteen (13) years old to use the Service. By using the Service, you represent that you meet this minimum age requirement.
Doze sells and ships products only to the continental United States. Requests for shipments to U.S. territories or internationally can be made via e-mail to email@example.com. Shipping charges will be presented at checkout.
Contingent upon availability or other cause for declining your purchase order, your credit card account is charged upon submission of any order, regardless of such order’s content. Applicable taxes, if any, may be added to your order, depending on your location of shipment or the type of products you purchase.
If your order has been cancelled or declined for any reason, either before or after acceptance, Doze will make reasonable efforts to contact you to inform you of its cancellation or non-acceptance. Should an order which uses an incorrect, expired, or declined credit card be processed, Doze reserves the right to collect payment for such transaction, and you agree to be liable for any fees, including but not limited to attorney’s fees and collection costs, that Doze may incur in its efforts to collect such unpaid balance from you, plus interest.
In order to change the shipment address, or cancel your subscription, you must cancel make your changes/cancellations five (5) business days in advance.
Doze may decline an order, for any reason or no reason, and subject to a refund, may cancel an accepted order at any time.
Shipment of Products
Title and risk of loss for any purchases pass to you upon our delivery to the carrier. Doze ships Products using FedEx or other national carrier within 1-2 business days of an order. Delivery is typically within 3-5 business days.
Doze recommends that all items be secured immediately upon delivery. If shipped to an address (other than a P.O. Box) you are responsible for arranging for an individual to be present at the time of delivery and for the Products to be properly received and secured. Any individual at the delivery address who accepts delivery is conclusively presumed to be authorized to receive the delivery. Doze is not responsible should such an individual not be authorized to accept such delivery. You agree that your sole method of recourse for unauthorized delivery resides with the carrier of your order. Doze is not responsible should you enter any incorrect or inaccurate destination data in your order. If no one is present at the designated location, your shipment may be placed at the designated destination at the discretion of the carrier.
We provide a trial of the Products for 75 nights. Calculation of the trial period begins on the order date. If you elect not to keep the Product, you can return it at no charge per the procedure below. If you do not request a return within the 75 night period, the Product will not be eligible for a return.
From the time you place your order, you must own the product for at least 30 days to be eligible to return your mattress. To initiate a return, please contact us at firstname.lastname@example.org.
To return a Product, we work together to find a local charity or non-profit. Once your Product is donated, send us a scanned or photographed copy of your donation receipt via email (email@example.com) and we'll process your refund in full. If you have questions or need help finding a local charity, please call our customer support line (954) 612-4551 or email us at firstname.lastname@example.org. In the unfortunate situation that we cannot find a charity to donate your mattress to, we'll have a third party service come pick it up, free of charge.
To be eligible for a return during the free trial program, the Product must be in donatable condition for return (no rips, stains, tears, odors), which will be determined by Doze. You must provide Doze with your original receipt to claim a return.
Sorry, but if accepted, products shipped outside the continental United States are not eligible for returns. There is a lifetime maximum of one return per customer.
Please review our FAQs for more information regarding the terms of sale associated with the Services.
Who and what does this Warranty cover?
We stand behind our mattresses and offer a 10-Year Limited Warranty to prove it. The terms of the Warranty are as follows:
Your new Doze mattress (hereinafter the “mattress” or “Product”) is covered by a 10-year limited warranty (the “Warranty”), which gives you specific legal rights. You may have other rights, but those vary from state to state. This Warranty is not transferable and covers you only if you (a) are the original purchaser and current owner of the Doze mattress (the “Product”) for which you are seeking recourse under the Warranty and (b) purchased it directly from an authorized Doze distribution channel – namely, the website at dozebeds.com. The Limited Warranty thus only applies during the period in which the mattress is owned and controlled by the original purchaser of that mattress. PLEASE RETAIN YOUR PURCHASE RECEIPT SO THAT YOU CAN PRESENT IT TO US IF NECESSARY.
In addition, because we cannot handle international shipping and logistics expenses, your mattress must be in the United States at the time you wish to take advantage of the Warranty.
This Warranty is limited to material defects resulting from defective materials or workmanship in the Product you have purchased.
Specifically, this Warranty covers the following defects, provided that they arise or appear in circumstances in which you have handled, maintained, and used the Product only for its intended purpose and have not subjected it to conditions likely to cause deterioration or damage beyond normal wear:
What will Doze do?
We will repair or replace the defective Product or the defective component(s) of the Product (e.g., the mattress cover, if applicable). In the case of a manufacturing defect in a component of the Product, such as the mattress cover, we may elect to repair or replace the component rather than replace the entire mattress, and we reserve sole and complete discretion over that election. If we elect to replace the Product or component, we will replace it with the model, version, color, or style available at the time of replacement, which may be different in certain respects than the original. If you wish to replace a defective Product with a more expensive Product, you may be required to pay the difference in price between the original Product and the more expensive Product.
Any repair or replacement will not extend the original period of limited warranty, nor will it constitute the beginning of a new limited warranty period.
How long does the Warranty coverage last?
This Warranty for your new Doze mattress lasts for ten (10) years from the date of purchase. We don't pro-rate the terms (i.e., we don't reduce the total amount as time goes on).
What is not covered by this Warranty?
This Warranty does not cover changes to your mattress that are caused by or result from normal wear and use. Nor do we cover changes caused by or resulting from circumstances or uses that go beyond the ordinary, intended maintenance and uses of a mattress—namely, reclining and sleeping. (For example, don't try to use your mattress as a raft and sail out to sea.) If you have questions about proper maintenance and use of your mattress, please contact us at email@example.com.
Doze mattresses are designed to work on a firm, solid surface that is structurally capable of supporting the weight of the mattress and user upon it, such as on a bed base (e.g., a frame or platform). This Warranty does not cover your Product if you use it in a manner incompatible with that intended design and use.
In addition, some degree of individualization of your Doze mattress should be expected. Imperfections that do not prevent ordinary use and enjoyment of the Product by a reasonable person are not considered to be defects. For example, surfaces may not be perfectly even, and corners may not be perfectly shaped or symmetrical. These are not “defects” for which you can seek a remedy under this Warranty.
More specifically, this Warranty excludes: (a) minor imperfections and slight cosmetic flaws; (b) normal wear and tear; (c) tears, stains, soiling, burns, and discoloration that occur over time; (d) dampness or mold; (e) individual or personalized preferences relating to firmness, texture, comfort, etc.; (f) normal body impressions not greater than 3/4” in the mattress as measured below the quilt level – in other words, some settling of the fiber in the quilt should be expected and is not considered a “defect”); (g) individual or personalized allergies and sensitivities; and (h) naturally occurring cotton or foam aromas.
In addition, this Warranty does not cover conditions resulting from abusive handling, misuse, or neglect. Accordingly, the following circumstances, if discovered upon inspection, will void your Warranty: (a) any unsanitary condition; (b) burns; (c) use of the Product on an improper bed frame; (d) physically abusing the Product; (e) attempting to clean the Product in an inappropriate manner; and (f) improper storage of the Product (including storage in damp locations, areas infected with insects or rodents, or any other unprotected storage areas); and (g) purchase from resellers who are not authorized retailers.
How to make a claim under this warranty
To make a claim under this Warranty, please send: 1) a brief written description (and photo, if possible) of the problem or condition that you believe constitutes a defect; 2) proof of purchase (such as your order number or an original dated sales receipt) to Doze at firstname.lastname@example.org. Your failure to comply with these claim submission instructions may void this Warranty. We reserve the right, in our sole discretion, to require photographs, further information or descriptions, or to physically inspect the mattress prior to accepting a particular claim under this Warranty.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR AUTHORIZED RESELLERS, DISTRIBUTORS, AND/OR SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, BEYOND THOSE SET FORTH IN THIS WARRANTY AND NON-PUFFERY CLAIMS IN OUR MARKETING MATERIALS. EACH OF THOSE PARTIES DISCLAIMS ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS DOCUMENT.
IN NO EVENT WILL WE OR OUR RESELLERS, DISTRIBUTORS, AND/OR SUPPLIERS BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM YOUR OR ANY THIRD PARTY’S PURCHASE AND/OR USE OF THE PRODUCT, EVEN IF WE OR SUCH OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN DAMAGES, WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO CASE SHALL DOZE’S LIABILITY EXCEED THE PURCHASE PRICE PAID FOR THE MATTRESS GIVING RISE TO ANY SUCH LIABILITY.
This Warranty is governed by the laws of the State of Florida.
Your use of the Service is conditioned on your compliance with the terms of this Agreement, including but not limited to these rules of conduct.
You agree that you will not violate any applicable law or regulation in connection with your use of the Service.
You agree that you are responsible for all of the conduct engaged in through your account, and all charges incurred by your account, whether or not you performed or authorized them.
You further agree that you will not do any of the following:
You are not licensed to access any portion of the Service that is not public, and you may not attempt to override any security measures in place on the Service.
Notwithstanding the foregoing rules of conduct, Doze’s unlimited right to terminate your access to the Service shall not be limited to violations of these rules of conduct.
You are under no obligation to submit any suggestions, information, ideas, comments, causes, promotions, documents, questions, notes, plans, drawings, proposals, graphics, text, information, links, profiles, audio, photos, software, music, sounds, video, comments, messages or tags, or similar materials (“Content”) to us, and unless otherwise noted, we will not claim ownership of any Content. If, however, you choose to submit any Content through or on the Service, or otherwise make available any Content through the Service, you hereby grant Doze a perpetual, irrevocable, transferrable, sub-licensable, non-exclusive, worldwide, royalty-free license to reproduce, use, modify, display, perform, distribute, translate and create derivative works from any such Content, including without limitation distributing part or all of the Content in any media format through any media channels.
By submitting any Content or Submissions to Doze you hereby agree, warrant and represent that: (a) the Content and Submissions do not contain proprietary or confidential information, and the provision of the Content and Submissions is not a violation of any third-party’s rights; (b) all such Submissions and Content are accurate and true, (c) Doze is not under any confidentiality obligation relating to the Content or Submissions; (d) Doze shall be entitled to use or disclose the Content or Submissions in any way; and (e) you are not entitled to compensation or attribution from Doze in exchange for the Submissions or Content.
You acknowledge that Doze is under no obligation to maintain the Service, or any information, causes, materials, Submissions, Content or other matter you submit, post or make available to or on the Service. We reserve the right to withhold, remove and or discard any such material at any time.
Doze’s graphics, logos, names, designs, page headers, button icons, scripts, and service names are trademarks, trade names and/or trade dress of Doze. The “look” and “feel” of the Service (including color combinations, button shapes, layout, design and all other graphical elements) are protected by U.S. copyright and trademark law. All product names, names of services, trademarks and service marks (“Marks”) are the property of Doze or the property of their respective owners, as indicated. You may not use the Marks or copyrights for any purpose whatsoever other than as permitted by this Agreement.
You acknowledge that the software used to provide the Service, and all enhancements, updates, upgrades, corrections and modifications to the software, all copyrights, patents, trade secrets, or trademarks or other intellectual property rights protecting or pertaining to any aspect of the software (or any enhancements, corrections or modifications) and any and all documentation therefor, are and shall remain the sole and exclusive property of Doze and/or its licensors, as the case may be. This Agreement does not convey title or ownership to you, but instead gives you only the limited rights set forth herein.
Doze reserves the right to deny all or some portion of the Service to any user, in Doze’s sole discretion, at any time. All grants of any rights from you to Doze related to Content, Submissions, or other materials, including but not limited to copyright licenses, shall survive any termination of this Agreement. Further, your representations, defense and indemnification obligations survive any termination of this Agreement.
The Service may contain links. Such links are provided for informational purposes only, and Doze does not endorse any website or services through the provision of such a link.
The Service may contain articles, text, imagery, video, audio, data, information and other similar materials originating from third-parties. Doze does not endorse any third party content that may appear on the Service or that may be derived from content that may appear on the Service, even if such content was summarized, collected, reformatted or otherwise edited by Doze.
EXCEPT WHERE NOT PERMITTED BY LAW OR AS OTHERWISE PROVIDED HEREIN, YOU AGREE AND ACKNOWLEDGE THAT THE SERVICE AND ANY PRODUCTS SOLD OR PROVIDED BY DOZE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY, AND DOZE, ITS PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, EMPLOYEES AND SUPPLIERS, SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, ACCURACY, SUITABILITY, APPLICABILITY, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY OTHER WARRANTIES OF ANY KIND IN AND TO THE SERVICES AND ANY PRODUCTS SOLD OR PROVIDED BY DOZE . NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM DOZE SHALL CREATE ANY WARRANTY.
USE OF THE SERVICE IS AT YOUR SOLE RISK. DOZE DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT DATA TRANSMISSION OR STORAGE IS SECURE OR THAT THE SERVICE IS FREE OF INACCURACIES, MISREPRESENTATIONS, VIRUSES OR OTHER HARMFUL INFORMATION OR COMPONENTS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL DOZE, ITS AFFILIATES, LICENSORS AND BUSINESS PARTNERS (COLLECTIVELY, THE “RELATED PARTIES”) BE LIABLE TO YOU BASED ON OR RELATED TO THE SERVICE OR ANY PRODUCTS SOLD OR PROVIDED BY DOZE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND SHALL NOT BE RESPONSIBLE FOR ANY LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SERVICE OR ANY PRODUCTS SOLD OR PROVIDED BY DOZE, EVEN IF DOZE AND/OR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Notwithstanding the foregoing, in the event that a court shall find that the above disclaimers are not enforceable, then you agree that neither Doze nor any of its subsidiaries, affiliated companies, employees, members, shareholders, officers or directors shall be liable for (1) any damages in excess of the greater of (a) $500.00 or (b) the amounts you paid to Doze for Products, or (2) any indirect, incidental, punitive, special, or consequential damages or loss of use, lost revenue, lost profits or data to you or any third party from your use of the Service or any goods sold or provided by Doze. This limitation shall apply regardless of the basis of your claim or whether or not the limited remedies provided herein fail of their essential purpose.
You agree to defend, indemnify and hold Doze and its suppliers, subsidiaries, licensors, and licensees, and each of their officers, directors, shareholders, members, employees and agents harmless from all allegations, judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorney's fees, expert witness fees, and costs of litigation arising out of or based on (a) Submissions or Content you submit, post to or transmit through the Service (b) your use of the Service, (c) your violation of the Agreement, and (d) any conduct, activity or action which is unlawful or illegal under any state, federal or common law, or is violative of the rights of any individual or entity, engaged in, caused by, or facilitated in any way through the use of the Service or Products.
You agree that any claim or dispute arising out of or relating in any way to the Products or Services will be resolved solely and exclusively by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. The laws of the State of Delaware shall govern this Agreement, and shall be used in any arbitration proceeding.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to the following address: Doze Beds, Inc., 80 Hendricks Isle, Ft. Lauderdale, FL 33301.
Arbitration under this Agreement will be conducted by the American Arbitration Association (AAA) under its rules then in effect, and shall be located in Broward County, Florida. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.
You and Doze agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, both you and Doze agree that parties have each waived any right to a jury trial.
Notwithstanding the foregoing, you agree that Doze may bring suit in court to enjoin infringement or other misuse of intellectual property or other proprietary rights.
To the extent arbitrations does not apply, you agree that any dispute arising out of or relating to the Services or Products, or to Doze, may only be brought by you in a state or federal court located in Broward County, Florida. YOU HEREBY WAIVE ANY OBJECTION TO THIS VENUE AS INCONVENIENT OR INAPPROPRIATE, AND AGREE TO EXCLUSIVE JURISDICTION AND VENUE IN FLORIDA.
The Service is not directed to individuals under the age of 13. In the event that Doze discovers that a child under the age of 13 has provided personally identifiable information to us, we will make efforts to delete the child’s information if required by the Children's Online Privacy Protection Act. Please see the Federal Trade Commission's website for (www.ftc.gov) for more information.
Notwithstanding the foregoing, pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby notify you that parental control protections are commercially available to assist you in limiting access to material that is harmful to minors. More information on the availability of such software can be found through publicly available sources. You may wish to contact your internet service provider for more information.
If any provision of this Agreement is found for any reason to be unlawful, void or unenforceable, then that provision will be given its maximum enforceable effect, or shall be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision.
In the event that Doze updates this Agreement, you may be required to re-affirm the Agreement, through use of the Service, or otherwise.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Doze as a result of this Agreement or your use of the Service.
Doze may assign its rights under this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the Agreement without Doze’s prior written consent, and any unauthorized assignment by you shall be null and void.
Our failure to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
All notices given by you or required under this Agreement shall be in writing and addressed to: email@example.com.
You hereby agree that Doze would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as we may otherwise have available to us under applicable laws.
This Agreement, including the documents expressly incorporated by reference, constitutes the entire agreement between you and Doze with respect to the Service, and supersedes all prior or contemporaneous communications, whether electronic, oral or written.
If you believe in good faith that any material posted on our Products or Service infringes the copyright in your work, please contact our copyright agent, designated under the Digital Millennium Copyright Act (“DMCA”) (17 U.S.C. §512(c)(3)), with correspondence containing the following:
You acknowledge that if you fail to comply with all of the requirements of this policy, your DMCA notice may not be valid. For any questions regarding this procedure, or to submit a complaint, please contact our designated DMCA Copyright Agent:
Doze Beds, Inc.
80 Hendricks Isle
Ft. Lauderdale, FL 33301
If you believe in good faith that any material posted on the Products of Apps infringes any of your rights other than in copyright, or is otherwise unlawful, you must send a notice to firstname.lastname@example.org, containing the following information:
If we receive a message that complies with all of these requirements, we will evaluate the submission, and if appropriate, in our sole discretion, we will take action. We may disclose your submission to the poster of the claimed violative material, or any other party.