TERMS AND CONDITIONS
Last Modified: January 18, 2024
The following Terms and Conditions (the “Terms and Conditions” or “Agreement”) is a binding agreement between you (“User”, “you”, or “your”) and Sleep GmBH and Emma Mattress, Inc. d/b/a Emma Mattress (“Emma Mattress”, “we”, “us, “or “our”) governing your access and use of our website, https://www.emma-sleep.com/ and all associated sites or digital services (collectively the “Site”), including any functionality, services, or solutions on or through the Site, any Products offered on the Site (the “Products”), as well as any electronic submission sent, received, posted, accessed, or stored on or through the Site. These Terms and Conditions apply to all Users who access or use the Site in any capacity including, without limitation, any purchase of our Products. Certain Products or services offered through the Site may have additional terms and conditions, which govern in the event of any inconsistency with the Terms and Conditions below. This includes, without limitation, our 365-Night Trial Policy and Warranty.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE YOU START TO USE THE SITE, PROVIDE ANY INFORMATION ON THE SITE, OR COMPLETE ANY REGISTRATION ON THE SITE. BY CLICKING “I AGREE” (OR SIMILAR BUTTON) TO ACCEPT OR AGREE TO THESE TERMS AND CONDITIONS WHEN THIS OPTION IS MADE AVAILABLE TO YOU AND/OR BY USING OR ACCESSING THIS SITE YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND CONDITIONS AS WELL AS OUR PRIVACY POLICY, WHICH IS INCORPORATED BY REFERENCE; (B) REPRESENT AND WARRANT THAT YOU HAVE THE FULL LEGAL AUTHORITY TO ENTER INTO THIS AGREEMENT AND, IF ENTERING INTO THIS AGREEMENT FOR A LEGAL ENTITY, THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THAT LEGAL ENTITY; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU SHALL NOT USE OR ACCESS THE SITE OR ANY SERVICES ASSOCIATED WITH THE SITE.
THE SECTIONS BELOW TITLED “GOVERNING LAW, MEDIATION, AND ARBITRATION” AND “JURY TRIAL AND CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
We may revise and update these Terms and Conditions from time to time in our sole discretion. All changes are effective immediately when we post them on the Site. Your continued use of the Site following the posting of revised Terms and Conditions means that you accept and agree to the changes. You are expected to check this page on the Site so you are aware of any changes, as they are binding on you. For certain types of updates and revisions, we may decide, in our sole discretion, to notify you of such changes via email or other method of written notice.
In order to use the Site, you need to: (1) be 18 years of age and (2) have the power to enter into a binding contract with us and not be barred from doing so under any applicable laws. THE SITE IS NOT INTENDED FOR PERSONS UNDER THE AGE OF 18. By accessing the Site, you represent and warrant that you are at least 18 years of age or older and are fully able and competent to enter into the terms, conditions, representations, and warranties set forth in this Agreement. You may not use or access the Site if you do not agree to these Terms and Conditions.
In order to access the Site or some of the resources the Site offers, you may be required to register and create an account or provide certain details or other information such as your full name and email address. You represent and warrant that all of the information you provide in creating an account or in order to access some of the resources offered by the Site is true and complete and you agree to update your account upon any changes to such information. You are responsible for: (1) making all arrangements necessary for you to have access to the Site and (2) ensuring that all persons who access the Site through your internet connection are aware of these Terms and Conditions and comply with them. If you do create an account, your account is personal to you, and you may not share your account information with, or allow access to your account, by any third-party. You agree to use reasonable efforts to prevent unauthorized access to or use of the Site and to preserve the confidentiality of your name and password, and any device that you use to access the Site. You agree to notify us immediately of any breach of your username and/or password to your account. You further agree that you will be solely responsible for any losses incurred by you, Emma Mattress, or any third parties due to any unauthorized use of your account.
We reserve the right to withdraw or amend the Site, and any service, product, solution, or material we provide on the Site. We will not be liable if for any reason all or part of the Site are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to you.
You agree not to attempt to log on to the Site from any country under sanctions by the Office of Foreign Assets Control (OFAC). Information regarding which countries are under sanctions may be obtained on the U.S. Department of the Treasury website. Any attempt to log on to the Site from one of these countries may result in your access being restricted and/or terminated.
We may collect technical information and use certain technologies, including session replay software, to collect and analyze technical data relating to the provision, use and performance of the Site and related systems. This technical data may include your Internet protocol (IP) address, the company name from which you are browsing our Site, your browser type and version, time zone setting, operating system and platform, and information about your visit to the Site including the full Uniform Resource Locators (URL), clickstream to, through and from our Site, including the date and time, page response times, technical errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the Site. By visiting and using the Site, you hereby consent to and agree to the collection of this data by Emma Mattress and that Emma Mattress will be free (during and after the term hereof) to (i) use such data to improve and enhance the Site and for other development, diagnostic, and corrective purposes in connection with the Site and other service offerings; (ii) disclose such data in aggregated or de-identified from in connection with its business; and (iii) otherwise use and disclose such data as set forth in our Privacy Policy.
By providing your information via the Site, including while creating and registering for a user account, you authorize Emma Mattress and its respective employees, agents, and contractors to initiate electronic communications by email, telephone calls to numbers (including to cellular phones) that are provided through the Site or as part of the registration process on the Site, and text messages (SMS or MMS) to cellular phone numbers that are provided through the Site or as part of registering and creating a user account to provide updates or other purposes related to the Site and services provided by Emma Mattress. Your carrier may charge for these incoming calls or messages. You consent to such communications, which may occur by use of an automatic telephone dialing system. Telephone calls may be recorded, standard data and message rates may apply for SMS and MMS alerts, whether you send or receive such messages, and you agree to be responsible for all such charges. Do not submit your information if you do not consent to being contacted by telephone, text, or email.
In order for us to provide the Site, you grant to us a non-exclusive, transferrable, sublicensable, irrevocable worldwide, royalty-free right and license to use, copy, encode, store, archive, translate, render into an audible and/or visual format, distribute, display, perform, transmit, and create derivative works from any information, content, materials, or other data entered into the Site (“Data”) to the extent necessary for Emma Mattress to: (1) provide the Site and our Products and services; (2) perform our obligations under this Agreement; (3) attribute content to you; (4) compile analyses and statistical information from Data regarding usage or performance of the Site and user engagement; (5) provide, monitor, correct, enhance, and improve the Site and perform services related thereto; and (6) accomplish other internal business purposes or as described in our Privacy Policy.
You also grant to Emma Mattress a non-exclusive, transferrable, sublicensable, irrevocable worldwide, royalty-free right and license to de-identify or aggregate Data such that there is no reasonable basis to believe that the information can be used, alone or in combination with other reasonably available information, to identify any individual or to identify you as the source of such data (“Deidentified Data”). You acknowledge and agree that Emma Mattress has and retains exclusive and valid ownership of all Deidentified Data. Emma Mattress shall also have the right to collect and analyze data and other information relating to the provision, use, and performance of the Site and related systems and technologies (“Usage Data”), and you acknowledge and agree that Emma Mattress has and retains exclusive and valid ownership of all Usage Data. Emma Mattress will be free (during and after the Term) to use such Deidentified Data and Usage Data for any purpose, including to (1) improve and enhance the Site and for other development, diagnostic and corrective purposes in connection with the Site and other service offerings, (2) disclose such data in connection with our business, and (3) otherwise use and disclose such data as set forth in our Privacy Policy.
The Site and its entire contents, features, functionality, and services (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by and the exclusive property of Emma Mattress its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You acknowledge and agree that you do not acquire any ownership rights to the Site, or any services offered through the Site, through this Agreement or by use of the Site. You acknowledge and agree that Emma Mattress has and retains exclusive and valid ownership of all anonymized statistical information regarding use of the Site. Any unauthorized use, reproduction, modification, distribution, transmission, republication, display or performance of the Site and any component thereof is strictly prohibited.
You may suggest improvements and/or communicate to Emma Mattress ideas, inventions, discoveries, or concepts (“Ideas”) during the term of this Agreement, and you may discover or create the Ideas jointly with us. You agree that any such Idea shall be and remain solely the property of Emma Mattress and/or its licensors and may be used and sold, licensed, or otherwise provided by Emma Mattress and/or its licensors to third parties, or published or otherwise publicly disclosed, in Emma Mattress’ and/or its licensors’ sole discretion without notice, attribution, payment of royalties, or liability to you. You hereby assign to Emma Mattress any and all of your right, title, and interest in and to any such Ideas.
Additionally, logos, trademarks and service marks of third parties may also appear on Site, and such are the exclusive property of their respective owners and no use or other rights are granted with respect to these trademarks without the express, written approval of the trademark/service mark owner. You may view, copy and print pages from the Site only: (1) for personal use, provided that you maintain all copyright, trademark, and other proprietary rights or notices; or (2) for communicating with Emma Mattress about a company product or service. You may not otherwise use, reproduce, download, store, post, broadcast, transmit, modify, sell or make available to the public content from the Site without the prior written approval of Emma Mattress.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Privacy Policy and Agreement, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by Emma Mattress. Any use of the Site not expressly permitted by the Privacy Policy and this Agreement is a breach of this Agreement and may violate copyright, trademark, and other laws.
You may use the Site only for lawful purposes and in accordance with the Privacy Policy and Agreement. Transmitting, distributing, or storing any material that violates any applicable law or the Privacy Policy and Agreement is prohibited. You agree not to use the Site:
Additionally, you agree not to:
Subject to the terms and conditions of the Agreement, Emma Mattress grants you a limited, nonexclusive, non-transferable, non-sublicensable (except as otherwise provided herein) license to access and use the Site for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. All rights with respect to the Site not explicitly granted herein are reserved to Emma Mattress.
You agree not to reproduce, copy, duplicate, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site. You also agree not to forward, disseminate, or resell the contents of the Site without express permission from Emma Mattress.
We will display the current prices on the Site for all Products available for purchase via the Site. 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 shipping within the contiguous United States. All Products will be shipped to the address designated by you during the checkout process. Products to be shipped outside the contiguous United States, including to Alaska, Hawaii, and international destinations, will be subject to shipping fees. All shipping fees will be calculated and displayed to you during the checkout process. The shipping fees and delivery times for Products may vary depending upon the shipping destination.
All descriptions, images, references, features, content, specifications, Products, and prices of Products on the Site are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any Products on the Site does not imply or warrant that these Products or services will be available.
All amounts listed and monetary transactions via the Site are in U.S. dollars. The Site currently use one or more third parties to process payments (the “Payment Processor”) that you authorize in connection with purchasing Products. You represent and warrant that you have the right to use any credit card or other means of payment that you provide to us or our Payment Processor. We will inform you of the methods of payment that our Payment Processor permits while you are placing your order. The Payment Processor manages the routing and processing of all required information from you to process transactions, including credit card and other financial information. Emma Mattress is not affiliated with the Payment Processor and expressly disclaims any responsibility and liability for all services provided by a Payment Processor.
We stand behind the quality of our Products. Our Emma mattresses come with a 365-night risk-free trial (the “365-Night Trial”) which is subject to the team at 1-888-580-3662 or by email at support@emma-sleep.com. following terms:
Our Emma mattresses are covered by a 10-Year Limited Warranty (the “10-Year Limited Warranty”) against certain defects as more fully described below. You may also have other rights which vary from state to state.
As more fully described below, other Emma Products are covered under a Two-Year Limited Warranty (the “Two-Year Limited Warranty”) against certain defects as more fully described below. You may also have other rights which vary from state to state.
We understand that you may need to return our Products from time to time. The following policy applies to returns of Products purchased directly from us or from authorized marketplaces or retailers.
Offer Codes: Emma Mattress may offer qualified consumers “offer codes” through a variety of promotional activities and communications (collectively referred to as “Offer Codes”) that are redeemable towards purchasing Products on the Site, while supplies last, and subject to certain merchandise exclusions or any other restrictions as may be determined and communicated by Emma Mattress in its sole discretion. Only valid Offer Codes provided or promoted by Emma Mattress will be honored at checkout. Offer Codes supplied or promoted by third parties unauthorized by Emma Mattress (including any unauthorized third-party websites) will not be considered valid. Each Offer Code promoted by Emma Mattress is non-transferable and valid for single use on an item (or items) of merchandise as determined by Emma Mattress. Offer Codes are limited in nature and may expire or be discontinued with or without notice. Offer Codes may not be combined and may not be used in conjunction with the Emma Referral Program–customers are limited to the use of a single offer code per order. Offer Codes cannot be used towards purchase of non-branded merchandise, packaging or applicable taxes. For online purchases, the Offer Code must be entered in the ‘Apply Coupon’ field at checkout. Offer Codes are only valid online. Emma is not responsible for lost, stolen or corrupted Offer Ccodes or any unauthorized use of Offer Codes. Offer codes cannot be redeemed for cash or any cash equivalent; no substitutions or credits allowed. The dollar value of any Offer Code will not be refunded or credited back if any or all the merchandise is returned. Expiry dates may apply to each Offer Code. Offer Codes are void if copied, transferred, sold, exchanged or expired, and where prohibited. Requests not complying with all offer code requirements will not be honored. We reserve the right in our sole discretion to impose conditions on the offering of any Offer Code.
Refer-a-friend Program: In order to be eligible for the Refer-A-Friend program, you have to be an Emma Mattress customer and have an Emma Mattress customer account. To refer a friend, go to your customer account, click on the “My referred friends” tab and enter their email address. Your friend will then receive an email with their personalized voucher code (the “Voucher Code”). The Voucher Code is only valid on purchases made on our Site. The minimum spend is $290. The Voucher Code can be used on the entire Emma range and in conjunction with other offers and promotions. You are entitled to the $50 cash reward if the referred friend keeps their Emma Mattress Products beyond their 365-night trial period. To receive the $50 cash reward, contact our customer service team by sending an email to support@emma-mattress.com or calling them on (1 855 580 3662). Restrictions might apply. Conditions: We reserve the right to invalidate the voucher if it is made public on the internet or appears on any search engine. In this case the referrer also loses their claim to the $50 cash reward. The number of cash reward pay-outs is limited to ten. The voucher code becomes invalid if the referrer’s order is cancelled and the claim to the $50 cash reward is lost. The claim to the cash reward is also lost if the order is returned. The referrer and the referred cannot be the same person. People living in the same household or immediate family members cannot be referred. Customers are prohibited from using fake or multiple email addresses or customer accounts and cannot use fictious identities to take part in the Refer-A-Friend program. We reserve the right to exclude customers from participating in this promotion, if they do not meet the necessary requirements or violate the rules in any other way. We also reserve the right to cancel the Refer-A-Friend program without further notice. For further questions about the Refer-A-Friend program please contact our customer service by sending an email to support@emma-mattress.com or calling them on (1 855 580 3662). From time to time, Emma may also engage spokespeople, influencers, bloggers, or other individuals or entities who have been compensated or incentivized to speak on behalf of the brand. When you receive an offer code via a third-party source, such as a television or radio show host, please note that such individuals may have been compensated by Emma for their statements.
THE SITE, CONTENT, PRODUCTS, AND ALL MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE, THE CONTENT, our products, AND ALL MATERIALS, YOUR USE OF THE SITE, THE CONTENT, our products, OR MATERIALS OBTAINED THROUGH THEM IS AT YOUR OWN RISK. EMMA MATTRESS, ITS AGENTS, AND ITS LICENSORS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE SITE. YOU ACCESS SUCH CONTENT OR INFORMATION AT YOUR OWN RISK.
WE DISCLAIM ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND (EXPRESS OR IMPLIED, ORAL OR WRITTEN, STATUTORY OR OTHERWISE) WITH RESPECT TO THE SITE, THE CONTENT, our products, OR ANY PART THEREOF, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), WHETHER ALLEGED TO ARISE BY LAW, BY REASON OF CUSTOM, OR USAGE IN THE TRADE, BY COURSE OF DEALING, OR OTHERWISE NEITHER US OR NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE, THE CONTENT, or our products.
YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THE SITE. YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE SITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SITE FOR ANY RECONSTRUCTION OF LOST DATA. FURTHERMORE, Emma Mattress DOES NOT REPRESENT OR WARRANT THAT THIS SITE, THE CONTENT OR INFORMATION ON THIS SITE AND/OR ITS FILES WILL BE SECURE AND/OR COMPATIBLE WITH YOUR BROWSER OR OTHER WEB SITE-ACCESSING PROGRAM. Emma Mattress DOES NOT GUARANTEE THAT ITS SITE WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR THAT IT WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, RANSOMWARE, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR DUE TO YOUR DOWNLOADING OF ANY CONTENT POSTED ON IT, OR ON ANY SITE LINKED TO IT.
THE INFORMATION PRESENTED ON OR THROUGH THE SITE IS MADE AVAILABLE SOLELY FOR INFORMATIONAL PURPOSES. WE USE REASONABLE EFFORTS TO UPDATE THE INFORMATION ON THE SITE, AND THE CONTENTS OF THE SITE ARE SUBJECT TO CHANGE WITHOUT NOTICE. Emma Mattress DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THIS INFORMATION (INCLUDING ANY PRODUCT, SERVICE, DESCRIPTION, PHOTOGRAPH, FUNDRAISING CAMPAIGN, OR OTHER INFORMATION). ANY RELIANCE PLACED ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK. Emma Mattress DISCLAIMS ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER USER OF THE SITE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IN SUCH INSTANCES, THE LIABILITY OF Emma Mattress AND ITS AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH LAW.
EXCEPT AS OTHERWISE SET FORTH IN THESE TERMS AND CONDITIONS, UNDER NO CIRCUMSTANCES WILL OF EMMA MATTRESS, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES THAT ARISE FROM OR ARE RELATED TO ITS PRODUCTS, its limited warranties, OR THE USE OF THIS SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND (FOR EXAMPLE, COMPENSATORY, SPECIAL, DIRECT, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, INCREASED COSTS, DIMINUTION IN VALUE, LOSS OF USE, LOSS OF GOODWILL OR REPUTATION, USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY, LOSS OF OR DAMAGE TO PROPERTY, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, AND CLAIMS OF THIRD PARTIES) WHETHER IN BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, MISREPRESENTATIONS OR UNDER ANY OTHER LEGAL THEORY, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING THE FOREGOING, YOU AGREE THAT THE AGGREGATE LIABILITY OF EMMA MATTRESS, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS to you for all possible damages, losses, and claims ARISING OUT OF OR RELATED TO THE USE OF THIS SITE, our products, OR ANY LIMITED WARRANTIES INCLUDING, WITHOUT LIMITATION, OUR 10-YEAR LIMITED WARRANTY AND TWO-YEAR LIMITED WARRANTY SHALL NOT EXCEED THE GREATER OF the AMOUNT YOU SPECIFICALLY PAID FOR THE PRODUCT OR SERVICE GIVING RISE TO SUCH LIABILITY, if any, OR $100.00.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF EMMA MATTRESS, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.
EACH PROVISION OF THESE TERMS AND CONDITIONS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN YOU AND EMMA MATTRESS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND EMMA MATTRESS.
You agree to indemnify, defend, and hold harmless Emma Mattress and its successors and assigns and all of their respective officers, directors, agents, employees, and affiliates from and against any claims, liabilities, judgments, awards, losses, obligations, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or related to (i) your breach of the Privacy Policy and Agreement; (ii) your violation of any third party’s right including, without limitation, any copyright, trademark, property right, or privacy right, (iii) any violation of applicable law by you; (iv) information or content that you submit, post, transmit or make available through our Site; (v) your use of the Site; (vi) any claim that content provided by you caused damage or loss to a third party, or (vii) any of your acts or omissions. This defense and indemnification obligation will survive your use of the Site and any termination of the Privacy Policy and Agreement.
If you use Emma Mattress Site or systems to access data related to any account(s) of which you are not the owner or authorized user as reflected in Emma Mattress systems, you shall indemnify, defend, and hold harmless Emma Mattress and all of its executives, directors, employees, agents, successors, and assigns from any and all losses, liabilities, damages, and all related costs and expenses, arising from, relating to, or resulting (directly or indirectly) from such access. Further, without limiting Emma Mattress rights or your obligations under any other provision of these Terms and Conditions, and notwithstanding the same, in the event of any actual or reasonably suspected unauthorized access to the personal information of a customer (including but not limited to customer names, addresses, phone numbers, bank and credit card account numbers, income and credit histories, and social security numbers) under your control or subsequent to and arising from your past exercise of control, direct damages in connection with any such breach will include the cost and expenses of investigation and analysis (including by law firms and forensic firms), correction or restoration of any destroyed, lost or altered data, notification to affected customers, offering and providing of credit monitoring, customers service, or other remediation services, and any related cost. Emma Mattress rights to indemnity under this section are in addition to all other rights and remedies available at Law or in equity. Any exercise by Emma Mattress of its rights to indemnification shall be without prejudice to such other rights and remedies. You manifest your assent to this indemnity by accessing account data through Emma Mattress Site or systems, notwithstanding the terms of any agreement you have with a customer or an account owner stating otherwise. This indemnity includes but is not limited to losses associated with (1) a data breach of your system(s) and (2) a data breach of the system(s) of any person or entity with whom you provided or shared Emma Mattress customer account data.
The works of authorship contained in the Site, including but not limited to all design, text, sound recordings, and videos are owned, except as otherwise expressly stated, by Emma Mattress. Except as otherwise expressly stated herein, they may not be copied, transmitted, displayed, performed, distributed (for compensation or otherwise), licensed, altered, framed, stored for subsequent use or otherwise used in whole or in part in any manner without Emma Mattress prior written consent, except to the extent permitted by the Copyright Act of 1976 (17 U.S.C. § 107), as amended, and then, only with notices of Emma Mattress proprietary rights provided that you may download information and print out hard copies for your personal use, so long as you do not remove any copyright or other notice as may be contained in information, as downloaded.
If you believe that content you own has been copied or made accessible in a manner that violates your intellectual property rights, please notify us immediately. You may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C. § 512(c)(3)) (the “DMCA”). The DMCA notice must include substantially the following:
(i) Your physical or electronic signature.
(ii) Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Site, a representative list of such works.
(iii) Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
(iv) Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
(v) A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the written notice is accurate.
(vii) A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent to receive DMCA Notices is: [EMMA MATTRESS CONTACT INFORMATION]
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Emma Mattress has a policy of terminating, in appropriate circumstances, the accounts of users who are repeat infringers.
The information on the Site is solely for information purposes only. The content on the Site may be updated from time to time. It may not necessarily be complete or up-to-date at any given time. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.
Emma Mattress OR ITS SUPPLIERS MAY DISCONTINUE OR MAKE CHANGES IN THE INFORMATION, PRODUCTS OR SERVICES DESCRIBED HEREIN AT ANY TIME WITHOUT PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU. ANY DATED INFORMATION IS PUBLISHED AS OF ITS DATE ONLY, AND Emma Mattress DOES NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY SUCH INFORMATION. Emma Mattress RESERVES THE RIGHT TO TERMINATE ANY OR ALL SITE OFFERINGS OR TRANSMISSIONS WITHOUT PRIOR NOTICE TO THE USER. FURTHERMORE, BY OFFERING THIS SITE AND INFORMATION, PRODUCTS OR SERVICES VIA THIS SITE, NO DISTRIBUTION OR SOLICITATION IS MADE BY Emma Mattress TO ANY PERSON TO USE THE SITE OR SUCH INFORMATION, PRODUCTS OR SERVICES IN JURISDICTIONS WHERE THE PROVISION OF THE SITE AND SUCH INFORMATION, PRODUCTS OR SERVICES IS PROHIBITED BY LAW.
(a) Governing Law. The laws of the State of Delaware (without giving effect to its conflict of laws principles) govern all matters arising out of or relating to these Terms and Conditions, our Products, the 10-Year Limited Warranty, the 2-Year Limited Warranty, and all transactions it contemplates, including, without limitation, its interpretation, construction, performance, and enforcement.
(b) Informal Dispute Resolution. You and Emma Mattress agree that you will make a good faith attempt to resolve any dispute informally regarding this Agreement or our Products including, without limitation, the 10-Year Limited Warranty and the 2-Year Limited Warranty. If you wish to initiate this information process, you must send a notice to Emma Mattress clearly marked “NOTICE OF DISPUTE” containing a brief written statement clarifying your name, contact information, the information pertaining to your dispute, and the resolution you are seeking. All notices must be sent to Emma Mattress by email to: support@emma-mattress.com. We will contact you via email at the address that you have specified in your notice or at the physical address we have on file relating to any order you placed with us. The parties agree to use reasonable, good faith efforts to settle any dispute through communication, consultation, and negotiations within thirty (30) days of your submission of your notice to Emma Mattress. If a dispute is not resolved within that time, either party may resort to the other procedures described in this section.
(c) Arbitration. Subject to Section 20(b), any controversy or claim arising out of or related to this Agreement, our Products, including the 10-Year Limited Warranty or 2-Year Limited Warranty, or any breach thereof, must be resolved by confidential binding arbitration in the county in the United States where you live or work, or in Delaware, unless both parties otherwise agree in writing. Such arbitration shall be administrated under the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA”), and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration proceeding will be conducted in English. The parties further agree that the arbitration will be conducted by a single arbitrator agreed to by the parties or, if the parties are unable to proceed, by a single arbitrator selected by the AAA. The parties agree that the arbitrator has the power to award all costs of the arbitration, including reasonable attorneys’ fees and expenses, to the prevailing party. The arbitration award shall be final and binding on the parties to this Agreement and the parties agree to be bound thereby and to act accordingly, and the parties hereby waive any right of appeal on the merits and/or any point of law.
(d) Any arbitration award shall be enforceable by any court having jurisdiction over the party or parties against which the award has been rendered, or wherever assets of the party or parties against which the award has been rendered can be located and shall be enforceable in accordance with the United Nations Convention on the Reciprocal Enforcement of Arbitral Awards (1958).
EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS AND CONDITIONS, YOU AND EMMA MATTRESS ACKNOWLEDGE AND AGREE THAT YOU ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY. THE PARTIES FURTHER AGREE THAT ANY ARBITRATION SHALL BE CONDUCTED IN THEIR INDIVIDUAL CAPACITIES AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION, AND THE PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. YOU AND EMMA MATTRESS MAY NOT BE PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING, AND MAY EACH BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY. THE ARBITRATOR MAY AWARD DECLARATORY OR INJUNCTIVE RELIEF ONLY ON AN INDIVIDUAL BASIS AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THE INDIVIDUAL CLAIM.
These Terms and Conditions are only applicable to the Site and do not apply to any third-party websites. The Site may contain links to, and media and other content from, third-party websites. These links are to external websites and third parties with which we have no relationship or control. Because of the dynamic media capabilities of the Site, it may not be clear to you which links are to the Site and which are to external, third-party websites. if you click on an embedded third-party link, you will be redirected away from the Site to the external third-party website. You can check the URL to confirm that you have left the Site. Emma Mattress has no control over the content on such non-Emma Mattress third-party websites.
If you choose to link to a third-party website, Emma Mattress cannot and does not (i) guarantee the adequacy of the privacy and security practices employed by or the content and media provided by any third parties or their websites; (ii) control third parties’ independent collection nor use of your personal information; (iii) endorse any third party information, Products, services, or websites that may be reached through embedded links on the Site; and (iv) makes no warranties, either express or implied, concerning the content of such site, including the accuracy, completeness, reliability or suitability thereof for any particular purpose, nor does Emma Mattress guarantee that such site or content is free from any claims of copyright, trademark or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination. Any personal information provided by you or automatically collected from you by a third party will be governed by that party’s privacy policy and terms and conditions. If you are unsure whether a website is controlled, affiliated, or managed by us, you should review the privacy policy and practices applicable to each linked website.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR FROM THE DATE THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY WAIVED AND BARRED.
No waiver by Emma Mattress of any term or condition set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure Emma Mattress to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the maximum extent such that the remaining provision of the Terms and Conditions will continue in full force and effect.
These Terms and Conditions, together with any documents expressly referred to in them, including our Privacy Policy [https://www.emma-sleep.com/pages/privacy-policy] constitute the sole and entire agreement between you and us with respect to the Site and supersede all previously written or oral agreements regarding the Site.
This Agreement is effective upon your acceptance of it as stated herein (the “Effective Date”) and it shall continue in effect in accordance with this section (the “Term”). You may terminate this Agreement at any time by discontinuing your use of the Site and providing us with a notice of termination. We reserve the right, without notice and in our sole discretion, to modify, suspend, discontinue or terminate your right to use the Site, or any portion of the Site, and to block or prevent your future access to and use of the Site or any portion of the Site.
Emma Mattress shall not be liable for any failure to perform its obligations under this Agreement if such failure arises, directly or indirectly, out of causes reasonably beyond the direct control of Emma Mattress and not due to Emma Mattress own fault or negligence or that of its contractors or representatives or other persons acting on its behalf, and which cannot be overcome by the exercise of due diligence and which could not have been prevented through commercially reasonable measures, including acts of God, acts of terrorists or criminals, acts of domestic or foreign governments, changes in any law or regulation, fires, floods, explosions, epidemics, pandemics, disruptions in communications, power, or other utilities, strikes or other labor problems, riots, or unavailability of supplies.
All feedback, comments, request for technical support, and other communications relating to the Site should be directed to:
In Writing: Sleep GmBH and Emma Mattress, Inc. d/b/a Emma Mattress
160 Greentree Drive, Suite 101
Dover, DE 19904
By Email: support@emma-mattress.com
By Phone: 1 855 580 3662
