We may make changes to the Site and the products and services we offer from time to time. We have the right, without providing any prior notice to you, to:
- Change or terminate all or any part of the products and services we offer on the Site.
- Restrict or terminate your access to all or any part of the Site or the products and services we offer on it.
- Remove any content from the Site and not publish or remove any material that you submit to the Site.
You must be 13 years of age or older to use the Site. If you are not at least 13 years old, do not use the Site. Additionally, we reserve the right to deny access or use of the Site and the products and services we offer on it to anyone at any time in our sole and absolute discretion. If you are a parent of a child under 13 years of age, and you believe your child has provided information through our site, please contact us at email@example.com.
License and Intellectual Property
You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on the use of the Site or the Content.
We expressly reserve all intellectual property rights in all Content.
If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via the Site, please notify us by email at firstname.lastname@example.org Attn: Legal Department. Your notice to us must include the following information: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyrighted work allegedly infringed; (2) a description of the copyrighted work or works that allegedly have been infringed; (3) a description of where on the Site the allegedly infringing material appears that will allow us to locate the material; (4) your contact information, including your address, telephone number, and, if available, email address; (5) a statement by you that you have a good faith belief that the allegedly infringing use has not been authorized by the copyright owner, its agent, or the law; and (6) a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are authorized to act on behalf of the owner of the copyrighted work that has allegedly been infringed.
Improper Purposes Prohibited
Whether on behalf of yourself or on behalf of any third party, YOU MAY NOT:
- Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including browsers, spiders, robots, or intelligent agents) to navigate, scrape, mine, download or search the Site other than the search engine and search agents made available on the Site or generally publicly available browsers.
- Frame, mirror, or use framing techniques on any part of the Site without our express prior written consent.
- Use any meta tags or any other hidden text utilizing any names or marks used or displayed on the Site.
- Conduct fraudulent activities on the Site.
- Forge communications on behalf of the Site (impersonating the Site) or to the Site (impersonating another user).
- Use the Site to defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others.
- Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Site or the Content.
- Remove any copyright, trademark, or other proprietary rights notice from the Site or materials originating from the Site.
Notices Through the Site or Email.
We may notify you of important information about the Site and the products and services we offer on it by placing notices on the Site, sending you an email to the email address associated with your account, or through other means. Please review your account information to control and limit what kind of messages you receive from us. If you contact us, sign up for the Good Life Email Club or otherwise opt to receive email communications from us, you agree that we may email you and may continue to do so unless and until you opt out from receiving emails.
Order Acceptance, Refusal and Cancellation.
While we will use our best efforts to fulfill all orders, we cannot guarantee the availability of any particular product displayed on the Site. We reserve the right to discontinue the sale of any product listed on the Site at any time without notice.
The receipt of an order number or an email order confirmation does not constitute acceptance of an order or a confirmation of an offer to sell. We reserve the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any customer. We may require verification of information before accepting an order.
We reserve the right, at our sole discretion, to refuse or cancel any order for any reason.
Changes to Listed Products and Prices
All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Site are subject to change at any time without notice (including after you have submitted your order). We will correct errors that we discover, and we reserve the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted). Local store prices and products may vary by location. Product prices offered on the Site may vary from other advertised prices.
The prices displayed on the Site are quoted in U.S. dollars and are valid and effective only within the United States, and such prices do not include shipping and handling or sales taxes, if applicable, which will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your order.
Risk of Loss
All items purchased from the Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
We welcome your reviews, comments, and other communications (“User Content”).
You agree that any User Content: will be accurate; will not violate or facilitate the violation of any law or regulation; will not violate any right of a third party, including copyright, trademark, privacy, or publicity rights; will not cause injury to any person or entity; and will not contain, or provide links to, obscene, profane, or threatening language, malware, political campaigning, commercial solicitation, chain letters, mass mailings, any form of “spam”, or any material that could be considered harmful, sexually explicit, indecent, lewd, violent, abusive, or degrading. You are solely responsible for the User Content you submit, and we assume no liability for any User Content submitted by you. You acknowledge and agree that we reserve the right (but have no obligation) to do any or all of the following, in our sole discretion: (i) monitor User Content; (ii) alter, remove, or refuse to post or allow to be posted any User Content; and/or (iii) disclose any User Content, and the circumstances surrounding its transmission, to any third party.
For any User Content you submit, you grant to us a non-exclusive, sub-licensable, fully paid-up, perpetual, irrevocable, royalty-free, transferable right and license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, sell and distribute such User Content and to incorporate the User Content into any form, medium, or technology, now known or hereafter developed, throughout the world, all without compensation to you. In addition, you grant to us the right to include the name provided along with the User Content submitted by you. We are not responsible for the use or disclosure of any personal information that you voluntarily disclose in connection with any User Content you submit. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding User Content that you may have under any applicable law under any legal theory.
Please note that Site visitors may post content that is inaccurate, misleading, or deceptive. We neither endorse nor are responsible for any opinion, advice, information, or statements made by third parties. We will not be liable for any loss or damage caused by your reliance on such information or materials. The opinions expressed by third parties reflect solely the opinions of the individuals who submitted such opinions and may not reflect our opinions.
The Site may contain links and interactive functionality interacting with the websites of third parties, including social networking sites. We do not endorse, and we are not responsible for and have no liability for, the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such website. YOUR USE OF THIRD-PARTY WEBSITES AND RESOURCES IS AT YOUR OWN RISK.
Statements, if any, regarding our products have not been evaluated by the Food and Drug Administration (FDA) unless otherwise stated, nor have they been confirmed by research approved by the FDA. Use of our products is not intended to diagnose, treat, prevent, or cure any illness, condition, or disease.
Disclaimer of Liabilities
THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. WE SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THE SITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
IN ADDITION (AND WITHOUT LIMITING THE LIMITATIONS IN THE IMMEDIATELY PRECEDING PARAGRAPH), WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE PRODUCTS ON THE SITE FOR ANY PURPOSE. WE PROVIDE ALL SUCH PRODUCTS “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WE SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
PRODUCTS ON THE SITE MAY HAVE THE BENEFIT OF A MANUFACTURER’S WARRANTY PROVIDED BY THE PRODUCT MANUFACTURER. PLEASE SEE YOUR PRODUCT PACKAGING AND LITERATURE FOR DETAILS.
Limitation of Liabilities
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
We reserve the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. We may deduct our costs of obtaining any recovery from the amount of the recovery (including, without limitation, reasonable attorneys’ fees and all other costs).
You also agree to hold harmless CVB Inc., its affiliates, and our and their respective owners, directors, officers, employees, shareholders, agents, licensors and suppliers in connection with any action taken by us to protect our intellectual property, including, but not limited to, suspension or termination of your access to the Site.
This agreement between you and us shall be governed by and construed in accordance with the law of the State of Utah, United States, without regard for that State’s conflicts of laws principles. You agree that the laws of the State of Utah will govern any dispute of any sort that might arise between you and us.
Dispute Resolution and Class Action Waiver
YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Changes to Our Policies
You are responsible for all charges and necessary permissions related to accessing the Site through your mobile access provider.
- What personally identifiable information is collected from you, how it is used and with whom it may be shared.
- What choices are available to you regarding the use of your data.
- The security procedures in place to protect your information.
- How you can revise your information, as necessary.
When interacting with us through the Site or other means, including when you purchase a product, you grant us permission to collect a variety of information. This information includes: your name, mailing address, phone number, email address, contact information, contact preferences, credit card information, billing information, device identifiers, IP address, and geolocation information.
We collect information from you to provide the following features and services:
- Order status updates, shipping, and tracking
- Reserving products at a store
- Saving your purchase history
- Receiving information about products you’ve purchased (for example, in the case of a recall)
- Managing your online account
- Receiving promotional emails and notifications of upcoming events
- Viewing advertisements that may be of interest to you
- Customer service
- Fraud prevention
- To respond to your questions, comments and requests
We also use this information to continually improve your experiences, from making our website easier to use to enhancing our products and customer service.
We use “cookies” to track and collect certain information in an automated fashion. A cookie is a small data file stored by your web browser on your computer. Session cookies are erased when you close the web browser or browser tab. Persistent cookies remain on your hard drive until they expire or are deleted. Some cookies are necessary for our Site to work properly and enable you to place an item in your online shopping cart and to place an order on our Site. Other cookies allow us to enhance and personalize your online shopping experience.
Cookies also enable us to track and target the interests of our users to enhance the experience on our Site. Usage of a cookie is in no way linked to any personally identifiable information on our Site. Here are some examples of what cookies allow us to do:
- Remember what items are in your shopping cart
- Recognize you when you return to our Site
- Enable faster checkout if you have created an account at DrOzSleep.com
- Understand how you reach our Site and which products you are looking for
- Deliver personalized marketing
- Apply the preferences you have chosen.
We also contract with other companies to publish our ads across the internet. These companies collect information about your visits to our Site and share advertisements for products you are most likely to be interested in. These targeted advertisements may appear on other sites that you visit. This information is collected using a cookie or pixel tag – technology used by most websites.
Information Use and Sharing
We do not share your personal information with third parties other than as necessary to fulfill your requests or for the following purposes:
- Name and address verification
- Email distribution
- Surveys & market research
- Advertising & promotions
- Fraud protection & investigation
- Payment processing
- Partnering with third-party vendors such as Google Analytics to understand what content, experiences, and promotions are most relevant to you. To learn about how Google Analytics collects and processes data, click here. To opt out of the Google Analytics advertising features outlined above, follow the instructions at Google Analytics Opt-Out.
- Upon the government’s request, in response to a court order, when we have a good faith belief that we are required to do so by law, or where otherwise permitted by law.
- In connection with any merger, financing, acquisition, or dissolution transaction or proceeding involving sale, transfer, divestiture, or disclosure of all or a portion of our company or assets. If another company acquires our company or assets, that company may possess the personal information collected by us and will assume the consents and responsibilities regarding your personal information.
Authorized businesses selling our products assume all liability related to claims, offerings, and examination of product. We do not assume responsibility or liability for the actions, products, or content of any third-party sellers.
We are not responsible for any content or offerings related to third party websites that can be accessed through links provided on our Site.
Unless you ask us not to, we may contact you via email to tell you about specials, new products or services, or changes to our online policies.
Your Access to and Control Over Information
You may opt out of any future contact with us at any time by contacting us via the email address or phone number given on the Site and as set forth below. In addition, by contacting us you can:
- See what personal information we have about you, if any.
- Update or correct personal information we have about you.
- Have us delete certain personal information we have about you.
- Express any concern you have about our use of your personal information.
California residents may have additional rights as set forth below.
We take precautions to protect your personal information both online and offline.
When we collect sensitive information (such as credit card data) via the DrOzSleep.com website, that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a “closed lock” icon at the bottom of your web browser or looking for "https" at the beginning of the address of the web page.
While we use encryption to protect sensitive information transmitted online, we also protect your personal information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. In addition, the computers/servers on which we store personally identifiable information are kept in a secure environment.
Personal information is retained to ensure proper customer service, fulfill the purposes for which we collect the information, and to comply with our legal obligations.
California Consumer Privacy ActWe disclose personal information for a business purpose to the following categories of Service Providers: Shipping companies, printing companies, event planners and operators, data brokers, technology companies, cloud service providers, analytics companies, fraud protection and investigation companies, payment processors, credit card issuer, media companies/platforms.
The California Consumer Privacy Act of 2018 (“CCPA”) provides consumers who are California residents with specific rights regarding their personal information:
- You have the right to know and access what personal information we collect, use, disclose, and sell, and the right to delete certain information.
- You have the right to opt out of the sale of your personal information and to not be discriminated against for exercising any of these rights.
- All information collected is in accordance with the purchase of product or contacts with customer service for returns or warranty claims.
For purposes of exercising your rights above, please note how we collected and used your personal information in the preceding 12 months:
- We collect the following categories of personal information: Identifiers; personal information listed in the CA Customer Records statute (such as payment information), characteristics of protected classifications under California or federal law; commercial information; professional or employment information; internet or other electronic network activity information; geolocation data; audio, electronic, or visual information; sensory data, such as audio and visual recordings; inferences drawn from other personal information, such as: your preferences and behaviors.
- We disclose the following categories of personal information for a business purpose: Identifiers; personal information listed in the CA Customer Records statute (such as payment information); characteristics of protected classifications under the California or federal law; commercial information; internet of other electronic network activity information; geolocation data; inferences drawn from other personal information, such as: your preferences and behaviors.
- We disclose personal information for a business purpose to the following categories of Service Providers: Shipping companies, printing companies, event planners and operators, data brokers, technology companies, cloud service providers, analytics companies, fraud protection and investigation companies, payment processors, credit card issuer, media companies/platforms.
- Per the CCPA’s definition of sell, we sell the following categories of personal information in order to deliver a more personalized experience and to show you products that we think you will be interested in: Identifiers; commercial information; Internet or other electronic network activity; geolocation data.
- Per the CCPA definition of sell, we sell personal information to the following categories of vendors: Data brokers, credit card issuer, and media companies/platforms.
Right To Know
If you would like to make a Right to Know request, click here or contact us by phone or email.
If you simply want to stop receiving emails, please contact us or click on the Unsubscribe link at the bottom of our email to you.
You have the right to request deletion of your personal information that we collected or maintain, subject to certain exceptions.
Impacts of deletion include:
- Your purchase history will no longer be accessible.
- We will not be able to look up your transactions for returns, previous gifts, or repairs.
- You will be required to provide a receipt for any future returns.
- If you have an account on DrOzSleep.com, it will be deleted.
Please note, we will continue to maintain limited information needed to comply with product recalls, fraud prevention, and other legal and business requirements.
In order to delete your information, the following steps are required by the law:
- You submit a request to delete, and
- We will separately confirm with you that you want your information deleted.
In order to protect your information from unauthorized deletion or disclosure, we will verify your request using data previously collected from you and in our systems. We will only use personal information provided provide to us for this purpose to verify your identity or authority to make the request. When we are not able to verify your request, we must deny the request, but will communicate the reason for such denial to you. If we are unable to verify a Request for Delete, your request will be treated as a request to Opt-Out of the sale of your personal information, and we will notify you.
Once we receive and confirm your deletion request, we will delete (and direct our service providers to delete) your personal information from our records, within 45 days, unless an exception applies.
Do Not Sell My Personal Information
If you would like to make a Do Not Sell request, click here or contact us vis phone or email.
You have the right to direct us to not sell your personal information at any time (the "right to opt-out"). We will process your Opt-Out request within 15 days and will notify third parties of your request. We may deny a request if it is deemed fraudulent.
You do not need to create an account with us to exercise your opt-out rights. We will only use personal information provided in an opt-out request to review and comply with the request.
Other California Privacy Rights
California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Site who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To obtain this information, please email us at email@example.com with “Request for California Privacy Information” in the subject line of your message. Please include sufficient information so that we can process your request, including name, mailing address, and email address if you want to receive a response by email. We reserve the right to confirm your identity before processing any requests.
If you are a California resident under age 18 and are a registered user of any of our services, then you may request that we remove any content or information that you posted on our Site. To request removal of your content, please send a detailed description of the specific content you want us to remove to the email or regular mail address set forth below. We reserve the right to request that you provide information that will enable us to confirm that the content that you want removed was posted by you.
We will make a good faith effort to delete or remove your content from public view as soon as reasonably practicable. Please note, however, that your request that we delete your content does not ensure complete or comprehensive removal of your content. Your content may remain on backup media, cached or otherwise retained by us for administrative or legal purposes, or your content may remain publicly available if you or someone else has forwarded or re-posted your content on another website, online service, online application or mobile application prior to its deletion. We may also be required by law to not remove (or allow removal) of your content.
For more information, please contact us at:
- By email to firstname.lastname@example.org
- By phone to 888-412-0498