Open Spaces Pillows – Terms and Conditions
We have gone to great lengths to create a website that would be user friendly and informative. We welcome any comments that would lead to an improved site.
The purpose of this page is to inform you of the terms and conditions. By using this site, it automatically constitutes your agreement and abidance of the terms. If you do not agree with any or all of the terms, then please do not use this site. We reserve the right to make any modifications that we deem necessary at any time. Please check back here periodically to see any changes that have been made. By visiting this site and your continued use of the Open Spaces Web site means that you accept those changes.
USE OF CONTENT
Use of Open Spaces pillows content (documents, whitepapers, graphics, logos, software, forums, polls, etc.) is for informational and non-commercial or personal use only. You may not modify any content, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, post on any network, broadcast in any media or sell any information, software, products or services obtained from the Services unless expressly permitted by Open Spaces Pillows. Elements of Open Spaces Pillows websites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. Content other than that belonging to Open Spaces Pillows is licensed or otherwise published by Open Spaces Pillows with the permission of the owner of the material. All rights in such materials are reserved to the respective owners.
Submitting Your Online Material to Us
That means that we don’t have to treat any such submission as confidential. You can’t sue us for using ideas you submit. If we use them, or anything like them, we don’t have to pay you or anyone else for them. We will have the exclusive ownership of all present and future rights to submissions of any kind. We can use them for any purpose we deem appropriate to our Open Spaces Pillows mission, without compensating you or anyone else for them.
You acknowledge that you are responsible for any submission you make. This means that you (and not we) have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
LIMITS OF LIABILITY
Open Spaces Pillows makes no warranties or representations of any kind that the services provided by this website or any linked site will be uninterrupted, error-free, or that the site or the server that hosts the site are free from viruses or other forms of harmful computer code. All such information is provided “as is,” and with specific disclaimer of any warranties of merchantability, fitness for a particular purpose, title, or non-infringement. In no event shall Open spaces Pillows, its agents, or anyone else who has been involved in the creation, production, or delivery of these pages, be liable for any direct, incidental, or consequential damages resulting from the use of this website or any linked site.
With respect to goods or services purchased directly from Open Spaces Pillows through the website, Open Spaces Pillows’s liability, in any case, is expressly limited to replacement of defective goods, or the repayment or crediting to you an amount equal to the purchase price of the goods, if Open Spaces Pillows so chooses.
Exception: Some states laws may not allow not allow us to limit or exclude liability for these “incidental” or “consequential” damages. Living in one of these states, means that you may have the right to recover certain damages named above. In the event of liability damages, our liability to you for all losses, damages, and claims of any and every kind (whether damages come from use under the terms of a contract or claimed to be caused from negligence or other wrongful conduct, or any other any other legal claim)will not be greater than the amount you paid if anything to use or access our website and all its information.
We sometimes provide referrals to and links to other World Wide Web sites from our site. Such a link should not be seen as an endorsement, approval or agreement with any information or resources offered at sites you can access through our site. If in doubt, always check your browser to see if you are still in a Open Spaces Pillows-operated site or if you have moved to another site. Links to other websites do not imply an endorsement of the materials disseminated at those websites, nor does the existence of a link to another site imply that the organization or person publishing at that site endorses any of the materials at this site. Links to other websites are provided by Open Spaces Pillows as a convenience to its users. Open Spaces Pillows is not responsible for the materials contained at any website linked to this site.
Termination of This Agreement
This agreement is effective until terminated by either party. You may terminate this agreement at any time, by destroying all materials obtained from all Open Spaces Pillows websites. Open Spaces Pillows may terminate this agreement at any time and without notice to you, if, in its sole judgment, you breach any term or condition of this agreement. Upon termination, you must destroy all materials. In addition, by providing material on our Web site, we do not in any way promise that the materials will remain available to you. And Open Spaces Pillows is entitled to terminate all or any part of any of its Web site without notice to you.
If you use our site from locations outside of the United States, you are responsible for compliance with any applicable local laws and international laws.
These Terms and Conditions of Use shall be governed by, construed, and enforced in accordance with the laws of the California, as it is applied to agreements entered into and to be performed entirely within such jurisdiction.
To the extent you have in any manner violated or threatened to violate Open Spaces Pillows and/or its affiliates’ intellectual property rights, Open Spaces Pillows and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of California, and you consent to exclusive jurisdiction and venue in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first try to resolve it with the assistance of a mutually agreed-upon mediator in the San Diego, California. Any costs and fees other than attorney fees in relation with the mediation will be shared equally by each of us.
If it proves impossible to reach a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration in San Diego, California under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.
Open Spaces™ pillows for a more comfortable night’s sleep.