Terms & Conditions
21. DISCLAIMER OF WARRANTIES. THE SITE AND ALL INFORMATION CONTAINED ON IT IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SLEEPY’S MAKES NO WARRANTIES WITH RESPECT TO THE ACCURACY OR COMPLETENESS OF INFORMATION CONTAINED ON THE SITE, OR THAT THE SITE WILL BE ERROR-FREE OR AVAILABLE FOR UNINTERRUPTED USE. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SLEEPY’S THROUGH THE SITE SHALL CREATE ANY WARRANTY. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. YOU SHOULD NOT RELY ON THE SITE TO MAINTAIN ANY SUBMISSIONS YOU MAY MAKE; YOU SHOULD RETAIN ALL SUCH DATA AND INFORMATION IN YOUR OWN RECORDS FOR USE IN THE EVENT THAT THE SITE FAILS OR IS UNAVAILABLE, OR THE DATA OR INFORMATION IS LOST.
22. Indemnification and Limitation of Liability. You agree to indemnify, hold harmless, and defend Sleepy’s and each of its subsidiary, affiliated and related entities, and each of their respective directors, officers, members, shareholders, employees and suppliers (collectively the "Sleepy’s Parties"), from and against any claims, losses, demands, liabilities, damages, costs and/or expenses (including reasonable legal fees and expenses), arising out of or relating to: (a) this Agreement and/or any breach or alleged or threatened breach by You; (b) Your use of the Website or the Services, including any data, content or material transmitted or received by You; (c) any unacceptable or objectionable use of the Website, the or Services by You; (d) any negligent or willful misconduct by You. You agree that the Sleepy’s Parties shall not have any liability to you under any theory of liability or indemnity in connection with your use of the Site. You hereby release and forever waive any and all claims you may have against the Sleepy’s Parties for losses or damages you sustain in connection with your use of the Site. IN NO EVENT SHALL THE SLEEPY’S PARTIES BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, PROGRAMS OR DATA), RESULTING FROM ACCESS TO, USE OF, OR INABILITY TO USE THE SITE, OR DUE TO ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION VIA THE INTERNET, EVEN IF THE SLEEPY’S PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER ARISING UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.
23. Modification and Amendment. We have the right at any time or from time to time to modify or amend the terms and conditions of this Agreement, in which case the Site will display such changes, which will be Your only notification of any such change. Any use of the Services by You after such notification shall constitute Your acceptance of the modified or amended terms. No modification made by You shall be binding upon Us unless it is made in writing and signed by Us.
24. Severability. If any one or more of the provisions contained in this Agreement shall for any reason be found to be invalid, illegal or unenforceable in any respect, said finding shall not affect the remaining provisions, which shall be enforceable to the fullest extent permitted by law, provided that such severance does not alter the fundamental benefit of the bargain to either party.
25. Waiver. If any one or more of the provisions contained in this Agreement shall for any reason be found to be invalid, illegal, or unenforceable in any respect, said finding shall not affect the remaining provisions, which shall be enforceable to the fullest extent permitted by law.
26. Applicable Laws. This Agreement shall be governed by and construed in accordance with the laws of the State of New York without regard to principles of conflicts of laws. All proceedings relating to the Site or this Agreement shall be brought in the state or federal courts located in the State of New York and you hereby irrevocably consent to the personal and exclusive jurisdiction of such courts.
You agree that regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to use of the Site or this Agreement must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.
Sleepy’s controls and operates the Site from its offices in New York in the United States of America. Sleepy’s does not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent applicable.
27. Remedies. In order to avoid irreparable injury to Us, in the event of any breach or threatened breach by You of the provisions of this Agreement, We shall be entitled to seek an injunction and/or other equitable relief restraining such breach. Nothing in this Agreement shall be construed as prohibiting Us from pursuing any other remedies available to Us for such breach or threatened breach, including the recovery of monetary damages from You.
28. No Third Party Beneficiaries. No provision of this Agreement is intended to create, or creates, any rights in or benefits to any third party.
29. Notice. All notice relating to the Site, the Services, or Your use of any thereof shall be deemed to be delivered when displayed on the Site. All notices to Us shall be sent via first class mail or other nationally recognized courier to: Sleepy's, 1000 South Oyster Bay Road, Hicksville, NY 11801.
30. Survivability. The respective rights and obligations of the parties, if any, pursuant to Section 22, inclusive, Sections 26 and 27, and as otherwise provided elsewhere in this Agreement, shall survive any termination or expiration of this Agreement.
32. Headings and Order. The headings and sequential order of the sections contained in this Agreement are for convenience or reference only and shall have no substantive or procedural effects in construing the provisions of this Agreement.
33. Complete Agreement. This Agreement constitute the complete agreement of the parties with respect to the subject matter hereof, and supersede all prior agreements and understandings in relation thereto.
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