Terms of service

 

Noble Pillow Terms and Conditions

Welcome to the Noble Pillow website. The following terms and conditions (the "Terms," "Agreement") outlined herein constitute a legally binding agreement between you and Noble Pillow; owned and operated by Noble Pillow, LLC, its subsidiaries, affiliates, partners, representatives, and officers (collectively referred to as "Noble Pillow," "us," "we," or "our") and govern your access, use of and purchase of products from the Noble Pillow website at https://noblepillow.com/ and any Noble Pillow's brand mobile application and other platforms (collectively, the "Site"), that may be made available to you for your access to the services that we offer.

By visiting our site and/or purchasing something from us, you hereby agree to be bound by the Terms herein as it applies to your purchase or use of any products offered on the site. By accessing and/or using the Site, you represent and warrant that you can enter into the agreement and abide by all of the terms and conditions set forth herein.

IMPORTANT ARBITRATION NOTICE: THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES, INCLUDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES ARISING OUT OF YOUR USE OF OUR SERVICE UNLESS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

1. Changes to this Agreement

We may modify these Terms at any time, at our sole discretion as they are subject to change. If we do so, we will let you know either by posting the modified Terms on the Service or through other communications such as the email address registered in your account. It's important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the platform, you are indicating to us that you agree to be bound by the modified Terms.

Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

2. Account Registration and Acceptance

In order to access and use certain features of the Services, you may be required to create and maintain a user account ("Account"). You will be required to choose a username and specify a password when creating an account.

By creating an account, you agree to:

  1. Provide accurate and complete registration information

  2. Keep your registration information accurate and up-to-date

  3. Not impersonate or misrepresent your identity

  4. Maintain the privacy of your password and account

  5. Notify us immediately if you believe your account password has been compromised

You are solely responsible for all activity conducted via your account. Noble Pillow will not be responsible for any loss arising from unauthorized use of your account. You agree to indemnify and hold us harmless for any losses incurred by Noble Pillow or any other party as a result of someone else using your account due to your failure to safeguard your account.

3. Intellectual Property, Copyrights, and Trademarks

3.1 Intellectual Property Rights

All content included on our website, including but not limited to images, illustrations, text, scripts, graphics, audio clips, video clips, and other interactive features, logos, trademarks, and service marks, are owned by Noble Pillow. Other service marks, logos, and names on this Site are the property of their respective owners.

Any use of the Site or the contents made available to you on the Site other than as specifically authorized herein without our prior written permission is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws.

3.2 Permitted Use

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the Site. Any rights not expressly granted herein are reserved by us.

You may not:

  1. Remove any copyright, trademark, or other proprietary notices

  2. Reproduce, modify, prepare derivative works, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, or broadcast the Site except as expressly permitted

  3. Decompile, reverse engineer, or disassemble the Site except as permitted by applicable law

  4. Link to, mirror, or frame any portion of the Site

  5. Cause or launch any programs or scripts for scraping, indexing, surveying, or data mining any portion of the Site

4. Product Description, Availability, and Pricing

4.1 Product Descriptions

We make reasonable attempts to ensure that product descriptions are as accurate as possible. Variations in color and texture are normal and not a defect. While we have made reasonable attempts to accurately display product colors, the actual colors you see will depend on your monitor or mobile device and may not be accurate as intended by us.

Note: There are no returns or exchanges on sale or custom items.

4.2 Product Availability

We do our best to ensure products ordered are available for delivery. In most cases, we will notify you where a product is unavailable before you complete your order. However, in some cases where this is not possible and we must reject an order for an unavailable product, we will refund in full all amounts you paid for such unavailable product.

4.3 Product Pricing

Although we make reasonable attempts to provide accurate pricing information, typographical errors and pricing mistakes may occur. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update price information at any time without prior notice, including after you have submitted your order.

4.4 Order Limitations

In our sole discretion, we reserve the right to refuse or cancel an order for any reason, including errors in product pricing information, to avoid fraud, and to limit the quantities of any product that may be purchased. By placing an order, you accept to pay for the products, including applicable taxes and all shipping and handling charges.

5. Digital Products

5.1 Digital Product Delivery

Digital products, including but not limited to e-books, downloadable guides, digital patterns, and software, will be delivered electronically via download link or email after payment is confirmed. You are responsible for providing a valid email address and ensuring your email settings allow receipt of our communications.

5.2 License Grant for Digital Products

Upon purchase of a digital product, you are granted a limited, non-exclusive, non-transferable, revocable license to download and use the digital product for personal, non-commercial use only. This license does not grant you any ownership rights to the digital product.

You may not:

  1. Resell, redistribute, or share digital products with others

  2. Modify, adapt, or create derivative works from digital products

  3. Use digital products for commercial purposes without express written permission

  4. Remove or alter any copyright, trademark, or proprietary notices from digital products

5.3 No Refunds on Digital Products

All sales of digital products are final. Due to the nature of digital products, we do not offer refunds, returns, or exchanges once the product has been delivered or the download link has been accessed. By purchasing digital products, you acknowledge and agree to this no-refund policy.

5.4 Technical Requirements and Compatibility

You are responsible for ensuring that your computer system meets the necessary technical specifications to download and use digital products. We do not guarantee compatibility with all devices, operating systems, or software. Technical requirements, if any, will be listed in the product description.

5.5 Access Period

Download links for digital products will remain active for 30 days from the date of purchase. It is your responsibility to download the product within this period. After this time, we may, at our discretion, provide access to the product again, but we are not obligated to do so.

5.6 Updates and Modifications

We reserve the right to update, modify, or discontinue any digital product at any time without notice. Updates to digital products you have already purchased may be provided at our discretion but are not guaranteed.

6. Payment, Tax, Delivery, and Risk of Loss

6.1 Payment

The total cost of your order will be displayed on the checkout page. We must receive payment in advance before processing your order unless otherwise agreed in writing. Payment can be made using most major credit or debit cards and other online payment methods made available at checkout.

All credit/debit cards are subject to validation checks and authorization by the card issuer. If the card issuer refuses authorization or validation checks return adverse results, we will not accept your order and will not be liable for any delay or non-delivery.

6.2 Tax

Noble Pillow will add applicable sales/use tax on orders as necessary. The total price of your order is inclusive of any applicable tax.

6.3 Order Fulfillment and Shipping

If you order physical products for delivery, the terms that apply to that delivery will depend upon the product(s) you order, the delivery address, and the delivery method you select. Please see our shipping and return policy for more information.

6.4 Order Cancellation

To cancel an order, contact us directly at info@noblepillow.com.

7. User Representation and Acceptable Use

You hereby represent, warrant, and agree that no materials of any kind submitted through your account or otherwise posted or shared by you through the service will violate the rights of any third party, including copyright, trademark, publicity, privacy, or other personal or proprietary rights.

You agree that your use of the platform shall be strictly in accordance with the following guidelines. You shall not host, display, upload, modify, publish, transmit, update, or share any content that:

  1. Violates local, state, or federal laws or regulations

  2. Belongs to another person and to which you do not have rights

  3. Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially or ethnically objectionable

  4. Is patently offensive to the online community, such as sexually explicit content or content that promotes obscenity, racism, bigotry, hatred, or physical harm

  5. Involves transmission of junk mail, chain letters, unsolicited mass mailing, or spamming

  6. Contains viruses, worms, time bombs, or other computer programming routines that may damage or interfere with systems

  7. Promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous

  8. Provides instructional information about illegal activities

  9. Attempts to gain unauthorized access to the website or user accounts

  10. Solicits gambling or engages in any gambling activity which we believe is or could be construed as illegal

Additionally, you shall not:

  • Use any automated means to access, scrape, or monitor the website

  • Attempt to gain unauthorized access to any systems or networks

  • Abuse discounts, coupons, or promotions

  • Use the website for fraudulent or illegal purposes

  • Probe, scan, or test vulnerabilities of the website

  • Attempt to obtain another user's account credentials

  • Interfere with the proper working of the website

8. Electronic Communications

To the fullest extent permitted by law, these Terms and any other agreements, notices, or communications from Noble Pillow may be provided to you electronically. Electronic communications may be posted on the Noble Pillow website and/or delivered to your email address.

You expressly consent to be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf for any and all purposes, at any telephone number or physical or electronic address you provide.

8.1 Opting Out

You may withdraw your consent to receive communications electronically by contacting us. If you withdraw consent, we may still send you relevant information about your account and transactions. You acknowledge that opting out may impact your use of the Noble Pillow service.

9. Copyright Infringement and DMCA

Noble Pillow respects the intellectual property of others and asks its users to do the same. If you believe that your copyrighted work has been copied and is accessible on our Services in a way that constitutes copyright infringement, please notify us by email at info@noblepillow.com.

9.1 Notice Requirements

To be valid, the notification must be in writing and contain:

  1. A description of the copyrighted content that you claim has been infringed

  2. A statement of good faith belief that the use is not authorized

  3. A detailed description of where the content is located on the Service

  4. Your address, telephone number, and email address

  5. A signature of the person authorized to act on behalf of the copyright owner

  6. A statement under penalty of perjury that the information provided is accurate

Note: Any person who knowingly misrepresents that material is infringing shall be liable for damages suffered by Noble Pillow and/or the alleged infringer.

10. User-Generated Content and Feedback

We may permit you to submit, upload, publish, or otherwise make available textual, audio, and/or visual content, including commentary, reviews, and feedback ("User-Generated Content").

You acknowledge that Noble Pillow provides this review system as a means for users to share their comments and opinions publicly. Noble Pillow does not monitor, contribute to, influence, or censor these opinions and does not guarantee their accuracy or reliability. You are solely responsible for your User-Generated Content and any legal action that may result from it.

By posting User-Generated Content, you grant Noble Pillow, its affiliates, and marketing partners a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable, and transferable right and license to reproduce, use, publish, distribute, translate, reformat, transmit, display, modify, create derivative works, and commercially exploit such content in connection with the sale and promotion of products.

11. Third-Party Website Links

Some links on the website may allow you to leave the website. The linked websites are not under the control of Noble Pillow, and we are not responsible for their contents. We are providing these links only as a convenience, and the inclusion of any link does not imply affiliation, adoption, or endorsement by us. Your use of any linked website is at your own risk and subject to the terms and policies of that website.

12. Privacy

All uses of your information will be treated in accordance with our Privacy Policy, which forms an integral part of these Terms. Please refer to our Privacy Policy for information on how we collect, use, and disclose information. If you use the Services, you are accepting our Privacy Policy. If you do not agree to have your information used as described in the Privacy Policy, you must discontinue use of the website and Services.

13. Warranty Disclaimer

Our website and services are provided "AS IS" and "AS AVAILABLE" without warranties of any kind, expressed or implied.

To the fullest extent permissible by applicable law, we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement regarding:

  1. The operation, accessibility, or security of the website

  2. The accuracy, completeness, or reliability of any content or data

  3. The deletion of, or failure to store or transmit, any content maintained by the Services

We do not guarantee continuous, uninterrupted, or secure access to our services. Your use of the Services is at your sole risk.

Note: Some states do not permit limitations or exclusions of implied warranties, so the above limitations may not apply to you.

14. Limitation of Liability

To the extent permitted by law, Noble Pillow and its employees, directors, officers, agents, and suppliers shall not be liable for any loss, claim, damage, lost profits, or any special, incidental, indirect, or consequential damages arising out of or in connection with your access to, or inability to access, the website, even if we have been advised of the possibility of such damages.

Note: Some states do not permit limitation or exclusion of liability for incidental or consequential damages, so the above limitation may not apply to you.

15. Indemnification

You agree to indemnify, defend, and hold harmless Noble Pillow, its officers, directors, employees, agents, licensors, and suppliers from and against any and all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from your use of the Services, violation of these Terms, or any activity related to your account.

16. Agreement Term and Termination

16.1 Termination by Noble Pillow

We may terminate this Agreement or suspend your Account immediately at any time for any reason or no reason upon notice to you. If we terminate or suspend your Account, you are prohibited from registering and creating a new account. In addition to terminating or suspending your Account, we reserve the right to pursue any available legal action.

16.2 Termination by You

You may terminate this Agreement by completely and permanently ceasing to use the site and services, provided there are no outstanding Services ordered under your Account.

17. Choice of Law and Jurisdiction

These Terms and your use of the service are governed by and construed in accordance with the laws of the State of Oregon and the United States of America, applicable to agreements made and to be entirely performed within the State of Oregon, without regard to its conflict of law principles.

18. Dispute Resolution and Arbitration

18.1 Informal Negotiations

To expedite dispute resolution and control costs, you agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one person to the other.

18.2 Agreement to Arbitrate

If informal negotiation does not resolve the dispute, you and Noble Pillow agree that any dispute, claim, or controversy arising out of or relating to these Terms will be settled by binding arbitration, except that each party retains the right:

  1. To bring an individual action in small claims court

  2. To seek injunctive or other equitable relief to prevent intellectual property infringement

Arbitration Opt-Out: You may opt out of arbitration by providing Noble Pillow with written notice via email at support@noblepillow.com within thirty (30) days following the date you first agree to these Terms. If you don't provide an opt-out notice within this period, you will be deemed to have waived your right to litigate disputes except as expressly set forth above.

18.3 Arbitration Rules

The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes, except as modified by this section. The AAA Rules are available at www.adr.org/arb_med or by calling 1-800-778-7879. The Federal Arbitration Act will govern the interpretation and enforcement of this section.

18.4 Arbitrator's Decision

The arbitrator will render an award within the timeframe specified in the AAA Rules. The arbitrator's decision will include essential findings and conclusions and will be binding on the parties. Judgment on the arbitration award may be entered in any court having jurisdiction.

18.5 Class Action and Class Arbitration Waiver

You and Noble Pillow agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator may not consolidate another person's claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.

18.6 Changes to Dispute Resolution

If Noble Pillow changes this Dispute Resolution section after the date you first accepted these Terms, you may reject any such change by sending written notice to support@noblepillow.com within 30 days of the change becoming effective. By rejecting any change, you agree to arbitrate any Dispute in accordance with the provisions of this section as of the date you first accepted these Terms.

19. General Provisions

19.1 Typographical Errors

Noble Pillow reserves the right to revoke any stated offer and to correct any inaccuracies, errors, or omissions, including after an order has been submitted and accepted. Where a product is mistakenly listed at an incorrect price, we reserve the right to refuse or cancel any orders, whether or not the order has been confirmed and your payment method charged. If your payment method has been charged and your order is cancelled, we shall issue a credit to your payment method account.

19.2 Severability

If any provision of these Terms is determined by a court to be invalid, void, or unenforceable, the remaining provisions will not be affected and will remain valid and enforceable.

19.3 Survival

After this Agreement terminates, the terms that by their nature contemplate performance after termination will survive and continue in full force and effect. This includes provisions requiring arbitration, protecting intellectual property, indemnification, payment of fees, and limitations of liability.

19.4 Waiver

No waiver of any provision of this Agreement will constitute a continuing waiver unless expressly provided in writing. The failure of either party to enforce any provision will not be construed as a present or future waiver of such provision.

19.5 Assignment

You may not assign these Terms or any rights or obligations hereunder without Noble Pillow's prior written consent. We may assign these Terms without your consent. Subject to these restrictions, the Terms are binding upon and will inure to the benefit of the successors, heirs, and permitted assigns of the parties.

19.6 Force Majeure

If either party is prevented from performing its obligations due to events beyond its control, including war, acts of God, terrorism, earthquake, accident, explosion, fire, or flood, such party will promptly notify the other party and will be relieved from performing its obligations while so affected, provided that the affected party takes all reasonable steps to remedy the cause of such delay.

Noble Pillow reserves the right to modify, suspend, or cease operations entirely if operations become inoperable. We shall not be liable for any impact such modifications may have on you.

19.7 Entire Agreement

These Terms, together with other policies presented to you, constitute the entire agreement between you and us regarding the platform and its use, and supersede all prior agreements, proposals, communications, and understandings, whether oral or written.

19.8 Section Headings

The section headings in this Agreement are included for ease of reference and convenience only and shall not be given any legal effect or binding effect.

20. Questions or Complaints

Feedback, comments, requests for technical support, and other communications relating to the Services should be directed to us at info@noblepillow.com.