Sit 'n Sleep — Terms of Use

Last Updated: [Insert Date]

1. Scope and Acceptance

Welcome to Sit 'n Sleep.

These Terms of Use (“Terms”) create a legally binding agreement between you and Sit 'n Sleep, Inc., together with its affiliates, subsidiaries, service providers, licensors, and agents (collectively, “Sit 'n Sleep,” “we,” “our,” or “us”).

These Terms govern your access to and use of:

• the Sit 'n Sleep website and any related digital services (the “Site” or “Services”),
• purchases made through our website, and
• your interactions with Sit 'n Sleep through the Services.

By accessing or using the Services, including by browsing the Site, submitting information through the Site, or completing a purchase through the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms and any policies incorporated by reference. If you do not agree to these Terms, you may not use the Services.

These Terms incorporate the following policies by reference:

• Privacy Notice
• Cookies & Tracking Notice
• Your Privacy Choices / Do Not Sell or Share My Personal Information

Together, these documents form part of your agreement governing your use of the Services.

Without limiting the foregoing, Sit 'n Sleep may provide notice of these Terms through website banners, cookie consent tools, checkout flows, account registration interfaces, or similar mechanisms. By interacting with such interfaces (including by clicking “accept,” “agree,” or similar options, completing a transaction, or continuing to use the Services where permitted by law), you expressly and affirmatively acknowledge and agree to these Terms.

Your use of the Services constitutes your agreement to these Terms to the fullest extent permitted by law.

2. Updates to These Terms

Sit 'n Sleep may update these Terms from time to time to reflect changes in our Services, business practices, or applicable law.

Sit 'n Sleep may provide notice of updated Terms through the Services, including via banners, pop-ups, or consent management tools.

The “Last Updated” date above indicates when these Terms were most recently revised.

If we make material changes, we may provide additional notice as required by law, such as posting a notice on the Site.

Your continued use of the Services after updated Terms are posted constitutes acceptance of those changes.

3. Privacy and Data Practices

Sit 'n Sleep values your privacy.

Our Privacy Notice explains how we collect, use, disclose, and protect information when you interact with our Services.

Our Cookies & Tracking Notice explains how we use cookies, pixels, analytics technologies, and similar tools when you visit our Site.

You may manage certain privacy preferences through the Your Privacy Choices link available on our website.

By using the Services, you acknowledge that your information may be collected and used as described in these policies.

4. Website Technologies and Communications

The Services may utilize cookies, pixels, analytics tools, session replay technologies, chat technologies, and similar tools to support:

• website functionality
• security and fraud prevention
• analytics and performance measurement
• marketing and advertising activities

These technologies may collect information regarding your interactions with the Site, including pages viewed, links clicked, and other navigation data.

These technologies may be operated by Sit 'n Sleep or by third-party service providers acting on our behalf.

By accessing or using the Services, you acknowledge that interactions with publicly accessible portions of the Site (including pages where content is displayed without authentication) may be processed through automated technologies operated by Sit 'n Sleep or by service providers acting on our behalf as part of the operation of the Services.

To the extent required by applicable law, Sit 'n Sleep provides notice of these technologies through website disclosures, including cookie banners and related tools, and obtains consent where required.

Additional information about these technologies and how you can manage your preferences is available in our Cookies & Tracking Notice and Privacy Notice.

5. Communications

If you provide Sit 'n Sleep with your telephone number, email address, or other contact information in connection with the Services or a purchase, you agree that Sit 'n Sleep may contact you using that information for service-related communications, including:

• order confirmations
• delivery notifications
• customer service responses
• account-related communications

Sit 'n Sleep will not send marketing text messages or make marketing calls using an automated dialing system or prerecorded or artificial voice unless we have obtained the level of consent required by applicable law.

You may opt out of marketing communications at any time using the instructions provided in those communications.

6. Eligibility

You must be at least 18 years old to use the Services or make purchases through the Site.

By accessing or using the Services, you represent and warrant that you have the legal capacity to enter into and be bound by these Terms.

If you access the Services on behalf of a company or organization, you represent that you have authority to bind that entity to these Terms.

7. User Conduct

You agree to use the Services only for lawful purposes.

You agree that you will not:

• violate any applicable laws or regulations
• attempt to gain unauthorized access to any portion of the Services or related systems
• interfere with or disrupt the operation or security of the Services
• use automated tools such as bots, scrapers, crawlers, or data-mining technologies without written authorization
• impersonate another person or misrepresent your identity
• engage in fraudulent, deceptive, or harmful activity through the Services

Sit 'n Sleep reserves the right to suspend or terminate access to the Services for violations of these Terms.

8. Intellectual Property

All content available through the Services—including text, graphics, logos, images, product descriptions, videos, software, and other materials (collectively, “Content”)—is owned by Sit 'n Sleep or its licensors and is protected by intellectual property laws.

You may access and use the Services and Content solely for personal, non-commercial purposes.

You may not reproduce, distribute, modify, publicly display, or otherwise exploit any Content without the prior written permission of Sit 'n Sleep.

All rights not expressly granted are reserved.

9. Third-Party Services

The Services may contain links to or integrations with third-party websites, platforms, or services (“Third-Party Services”).

These links are provided for convenience only.

Sit 'n Sleep does not control and is not responsible for the content, policies, or practices of Third-Party Services.

When you access Third-Party Services, you do so at your own risk and may be subject to the terms and privacy policies of those third parties.

10. Product Availability and Pricing

Sit 'n Sleep strives to ensure that product descriptions, pricing information, and availability information on the Site are accurate. However, errors may occur.

Sit 'n Sleep reserves the right to correct any errors, inaccuracies, or omissions and to cancel or refuse orders arising from such errors, including after an order has been submitted.

Product availability may change without notice. Sit 'n Sleep reserves the right to limit quantities or discontinue products at any time.

If an order is canceled after payment has been processed, Sit 'n Sleep will issue a refund of the amount charged.

11. Disclaimer of Warranties

Your use of the Services is at your own risk.

The Services and all content provided through the Services are offered on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind.

To the fullest extent permitted by law, Sit 'n Sleep disclaims all warranties, express or implied, including but not limited to:

• implied warranties of merchantability
• fitness for a particular purpose
• non-infringement
• accuracy or reliability of information
• uninterrupted or error-free operation

Sit 'n Sleep does not warrant that the Services are free from viruses, malware, or other harmful components.

12. Limitation of Liability

To the fullest extent permitted by law, Sit 'n Sleep and its affiliates, employees, and service providers will not be liable for any:

• indirect
• incidental
• consequential
• special
• punitive damages

including loss of profits, revenue, data, goodwill, or business opportunities arising from or relating to your use of the Services or purchases made through the Site.

If Sit 'n Sleep is found liable for any claim relating to the Services or purchases made through the Site, our maximum aggregate liability will not exceed the greater of:

• one hundred U.S. dollars (US $100), or
• the amount you paid to Sit 'n Sleep for the product or service giving rise to the claim.

These limitations apply even if Sit 'n Sleep has been advised of the possibility of such damages.

13. Indemnification

You agree to indemnify, defend, and hold harmless Sit 'n Sleep and its affiliates, officers, directors, employees, and service providers from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from:

• your use of the Services
• your violation of these Terms
• your violation of any applicable law
• your infringement of any third-party rights

14. Governing Law, Binding Arbitration, and Class Action Waiver

This Section is governed by the Federal Arbitration Act (“FAA”) and is intended to be broadly interpreted and enforced.

a. Governing Law

Except as preempted by the FAA, these Terms and any disputes, claims, or controversies arising out of or relating to your use of the Services, purchases made through the Site, or these Terms (collectively, “Disputes”) are governed by the laws of the State of California, without regard to its conflict-of-law principles.

b. Agreement to Arbitrate

Except as expressly provided below, you and Sit 'n Sleep agree that all Disputes will be resolved exclusively by final and binding arbitration, rather than in court.

c. Scope of Disputes

“Dispute” means any claim or controversy arising out of or relating to these Terms, the Services, your relationship with Sit 'n Sleep, or any interactions with the Services, including through website interfaces, checkout flows, consent tools, cookies, tracking technologies, session replay technologies, communications, transactions, advertising, or other website or service-related activity involving Sit 'n Sleep, whether online, in-store, or otherwise. This includes claims that arose before these Terms or after termination.

d. Administration and Rules

Arbitration will be administered by JAMS under its then-current consumer arbitration rules, including any applicable mass arbitration or multiple-case procedures.

If JAMS is unavailable or declines to administer a Dispute, arbitration will proceed before the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules and any applicable supplementary procedures.

If no administrator is available, either party may petition a court under applicable law to appoint a neutral arbitrator.

e. Fees

You will pay no more than the consumer filing fee required by the applicable arbitration administrator. Sit 'n Sleep will pay all remaining arbitration fees, unless the arbitrator determines that your claim is frivolous.

f. Location and Format

Arbitration hearings will take place in the county where you reside, by written agreement, or by remote means, as permitted by the arbitration administrator’s rules.

The arbitrator will honor applicable privileges, protect confidential information, and issue a written decision.

g. Relief

The arbitrator may award any relief available in court under applicable law, but only on an individual basis.

h. Class and Representative Action Waiver

All Disputes must be brought only on an individual basis and not as a class, collective, private attorney general, or representative action.

Nothing in this Section prohibits coordinated or mass arbitration proceedings to the extent permitted by the applicable arbitration administrator’s rules.

i. Public Injunctive Relief

Notwithstanding the foregoing, claims for public injunctive relief under California law that cannot lawfully be waived may be pursued in court. The parties agree to stay such claims pending arbitration of any arbitrable issues.

j. Small Claims and Injunctive Relief

Either party may bring an individual action in small-claims court within its jurisdictional limits or seek temporary injunctive relief in court to preserve the status quo pending arbitration.

k. Opt-Out Right

You may opt out of this Arbitration Provision within 30 days of first accepting these Terms by sending written notice to:

l. Survival and Amendments

This Arbitration Provision survives termination of your relationship with Sit 'n Sleep.

Any amendment to this Section will apply only to Disputes arising after the amendment’s effective date.

m. Waiver of Jury Trial

WHETHER A DISPUTE IS RESOLVED IN COURT OR ARBITRATION, YOU AND SIT 'N SLEEP WAIVE ANY RIGHT TO A TRIAL BY JURY.

15. Termination

Sit 'n Sleep may suspend or terminate your access to the Services at any time if you violate these Terms or applicable law.

Provisions that by their nature should survive termination—including dispute resolution, arbitration, limitations of liability, and indemnification—will continue in full force and effect.

Upon termination, your right to use the Services will immediately cease.

16. Miscellaneous

Assignment

You may not assign these Terms without our written consent. Sit 'n Sleep may assign these Terms without restriction.

Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

Electronic Communications

You agree that communications and notices provided electronically through the Services satisfy any legal requirement that such communications be in writing.

Entire Agreement

These Terms, together with the Privacy Notice and Cookies & Tracking Notice, constitute the entire agreement between you and Sit 'n Sleep regarding your use of the Services.

17. Contact Information

If you have questions about these Terms, please contact: