Introduction
Welcome to the Zen Bamboo® Pillow website, owned and operated by Zen Bamboo LLC (“Zen Bamboo”, “we”, “us” or “our”). These Terms & Conditions govern your use of our website located at zenbamboo.shop (the “Site”) and any services, content, and products we offer (collectively, the “Services”).
Please read these Terms carefully before using our Site or Services. By accessing or using the Site or Services, you agree to be bound by these Terms & Conditions and all applicable laws. If you do not accept these Terms, you may not use the Site or Services.
Use of Site and Services
The Site and Services are intended solely for users who are 18 years or older. Any access or use by anyone under 18 is unauthorized, unlicensed, and in violation of these Terms.
Registration for an account or subscription may be required to access certain features. You agree to provide accurate and complete information when registering, and to promptly update your information if it changes.
You agree to use the Site and Services only for their intended purpose and in accordance with applicable laws. Any unauthorized or illegal use terminates your right to access the Site or Services.
Intellectual Property Rights
The Site design, texts, graphics, logos, images, compilation, interfaces, code, trademarks, service marks, trade names, and other content provided by Zen Bamboo (collectively, the “Content“) are the property of Zen Bamboo and protected by copyright, trademark, and other laws. You may not modify, copy, distribute, transmit, display, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use the Content except as authorized in these Terms.
User-generated content must comply with our Content Policy. By submitting content to Zen Bamboo, you represent that you have the right to grant Zen Bamboo an irrevocable, non-exclusive, royalty-free, worldwide license to reproduce, modify, perform, display, distribute, and otherwise use your content in connection with operating and providing the Services.
Purchases and Subscriptions
Prices for our products and services are listed on the Site excluding applicable taxes and shipping. Prices and availability are subject to change at any time.
To purchase a product or service, you must provide a valid payment method. Subscriptions will automatically renew until canceled in your account. You authorize us to charge your payment method on file on the first day of each subscription period. If payment cannot be processed, your subscription may be suspended or canceled.
Refunds are provided at our sole discretion under the circumstances stated in our Refund Policy. Please review our Refund Policy before purchasing.
Promotional codes must be redeemed at the time of purchase for one-time use only. Eligibility for discounts may be limited by the terms of the promotion.
Taxes and other charges like shipping, handling, duties, and customs fees may apply to purchases. You are responsible for all applicable taxes and fees.
Product availability cannot be guaranteed. We reserve the right to reject or limit orders. We may require additional verification or information before accepting an order.
Risk of loss and title transfers to you when we deliver products to the carrier. You are responsible for inspecting deliveries promptly. We must be notified of shipping discrepancies or damages within 3 business days of delivery.
User Content
User Content means any content submitted or transmitted to or through the Services by Users, including blog comments, forum posts, profile information, messages, status updates, feedback, submissions, photographs, images, videos, or audiovisual content.
You retain ownership of your User Content. However, by providing User Content, you grant us an unlimited, worldwide, perpetual, irrevocable, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, modify, adapt, create derivative works, publicly perform, publicly display, and otherwise exploit your User Content in connection with operating and providing the Services.
You are solely responsible for your User Content. It must comply with our Content Policy. We may remove or delete any User Content at our discretion. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any User Content.
Acceptable Use Policy
You agree not to misuse the Services or assist anyone else in doing so. For example, you will not:
- Upload, transmit, or distribute content that is illegal, defamatory, misleading, inaccurate, or that a reasonable person could deem objectionable.
- Impersonate any person or entity or provide false information on the Services.
- Engage in harassing, threatening, intimidating, predatory or stalking conduct.
- Attempt to circumvent any security or technological tools or protocols of the Services.
- Probe, scan or test the Services for vulnerabilities.
- Access or search the Services by any means other than our publicly supported interfaces.
- Violate any applicable law or regulation in connection with your use of the Services.
We reserve the right to terminate your account or access to the Services immediately and without notice for violating this Acceptable Use Policy or our Content Policy. We are not responsible or liable for any damage, loss or harm related to or resulting from violations of this policy.
Limitation of Liability
We are not liable for any indirect, incidental, special, consequential or punitive damages arising out of or relating to the use of the Site or Services.
Our maximum liability arising out of or relating to the Site or Services is limited to the greater of (1) the amount paid by you to Zen Bamboo for products or services in the 3 months prior to the liability arising or (2) $100.
Disclaimers
Your use of the Site and Services is at your sole risk. They are provided “as is” without warranties of any kind, either express or implied. We expressly disclaim all warranties and representations, express, implied or statutory, including warranties of title, merchantability, fitness for a particular purpose and non-infringement.
We make no representation or warranty that the Site or Services are appropriate, lawful or available for use in all locations. You are responsible for compliance with laws applicable to your use of the Services.
We do not guarantee the Site or Services will be secure, uninterrupted, timely, accurate, complete, appropriate, error-free or free from harmful components like viruses.
Any reliance upon the Site or Services is at your own risk. We are not responsible for the content, accuracy, timeliness or availability of any third party websites or services linked to or accessible through the Services.
We may discontinue or change any aspect of the Site or Services at our discretion and without notice. We are not obligated to support or update the Site or Services.
Indemnification
You will defend, indemnify, and hold Zen Bamboo harmless from and against all liabilities, damages, losses, costs, fees, and expenses arising out of or relating to your use of the Site or Services or any violation of these Terms. We reserve the right to assume exclusive defense and control of any claims subject to indemnification.
Advertisements & Third Party Services
The Site or Services may contain sponsored content and advertisements from third parties. The types, extent, and frequency of advertisements are subject to change.
We are not responsible for the content or practices of third party advertisers and websites accessible through the Services. All dealings with advertisers and third party services, and participation in promotions are solely between you and the advertiser or third party.
Modifications to Terms
We reserve the right to modify these Terms at any time. Updated versions will be effective immediately upon posting. Continued use of Services after changes are published constitutes acceptance of the updates. Material changes will be conspicuously posted on the Site or sent by email or notification.
General Provisions
Governing Law – These Terms are governed by the laws of the State of Tennessee without regard to conflict of law principles.
Arbitration – Any dispute arising out of or relating to these Terms or the Services will be resolved through binding arbitration conducted in Nashville, Tennessee under the rules of the American Arbitration Association. The arbitrator’s award will be final and binding and may be entered into any court with jurisdiction.
Class Action Waiver – You agree to resolve disputes on an individual basis and waive the right to participate in class action lawsuits or class arbitration.
Assignment – You may not assign or delegate these Terms or your rights and obligations without prior written consent from Zen Bamboo. We reserve the right to assign these Terms.
Severability – If any provision of these Terms is invalid or unenforceable under applicable law, it shall be modified to the minimum extent necessary and the remaining provisions will remain in full force.
Waivers – Any waiver by Zen Bamboo must be express and in writing. Failure to enforce a provision will not waive the right to later enforce that or other provisions.
Entire Agreement – These Terms constitute the entire agreement between you and Zen Bamboo with respect to use of the Services.
Thank you for reading and agreeing to our Terms & Conditions. We look forward to providing you with our premium bamboo pillows and other sleep products designed to improve your rest. If you have any questions, please contact us at [email protected].