EMMA Terms and Conditions

These Emma Terms & Conditions of Service apply to the Internet website and any other digital properties (collectively, the “Site”) operated by Bettzeit GmbH and Emma Mattress, Inc. d/b/a Emma Mattress (hereinafter,“Company”, “we”, “us” or “our”). The use of the Site, including the purchase of any Products (as defined below) is subject to (i) the following terms and conditions (the “Terms”), (ii) the terms of our Privacy Policy, and (iii) the terms and conditions of our 100-Night Trial Policy and Warranty (as applicable). Therefore, please read all materials carefully.
These Emma Terms & Conditions of Service apply to the Internet website and any other digital properties (collectively, the “Site”) operated by Bettzeit GmbH dba Emma (“Company”, “we”, “us” or “our”). The use of the Site, including the purchase of any Products (as defined below) is subject to (i) the following terms and conditions (the “Terms”), (ii) the terms of our Privacy Policy, and (iii) the terms and conditions of our 100-Night Trial Policy and Warranty (as applicable). Please read all materials carefully.
By using the Site, you are indicating to us that you agree to these Terms as they are written here. If you do not agree to these Terms, please refrain from further use of the Site now or in the future. If you have any questions about the Terms, please contact https://www.emma-mattress.com/contacts/
The Site allows you to learn about and purchase Emma mattresses and other products (collectively, the “Products”).
We may change, suspend, or discontinue any aspect of the Site at any time, including hours of operation or availability of the Site or of any Product or feature, without notice or liability.
We may offer Products through other authorized distribution channels, such as other sellers and websites; if so, the terms, conditions, and policies applicable to those other sellers and websites may apply, and those may be different than these Terms.
Please note the arbitration provision set forth below, requiring you to arbitrate any claims you may have against Emma on an individual basis. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.

I. OUR PRIVACY POLICY

Please refer to our Privacy Policy on our Website to learn about collection and use of information from and about you. The Privacy Policy is part of these Terms.

II. ELECTRONIC COMMUNICATIONS

By visiting the Site, or sending us e-mails, you are communicating with us electronically. In doing so, you consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing. We may also communicate with you via telephone; please let us know if you do not want us to contact you by telephone.

III. Eligibility

No part of the Site is directed to persons under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, DO NOT USE OR ACCESS THIS SITE.
If you purchase a Product via the Site on behalf of another person, entity or organization, then by doing so, you represent and warrant to us that you have the right and authority to do so and to bind that other person, entity or organization to these Terms.

IV. CONTENT & INTELLECTUAL PROPERTY

You may not copy or use any of the Content and Intellectual Property of or on the Site without our expressed written consent or a prior written authorization. Content means all the visual, audio-visual, and written information displayed on the Site, including all graphics, photographs, drawings, designs, iconography, animation, videos, and writing (collectively, “Content”). All Content on the Site is the property of Emma and/or third parties with whom Emma has a relationship, and all Content may be protected by one or more applicable intellectual property laws, including without limitation copyright, right of publicity, trademark laws.
The source code and compilation of this Site are additionally the exclusive property of Emma and protected by applicable intellectual property laws. You are in no way authorized to use such source code for any purpose other than the ordinary use of the Site.
All trademarks, service marks, trade names, trade dress, and other branding devices (collectively, “Marks”) that appear on the Site and/or Emma Products (collectively the “Emma Marks”) are the exclusive property of Emma MAttress, Inc. and Emma Mattress GmbH and are protected by applicable intellectual property laws. In some cases, we may display trade or service Marks owned by third parties with whom we have a relationship. You may not use or display the Emma Marks (or Marks of third parties displayed on the Site) without our prior written authorization (or prior authorization from the applicable third party).
If you are a member of the press, you may use the Content included on our Press page without our prior written authorization, but only for legitimate, accurate, non-commercial reporting purposes that are not likely to cause confusion as to the source, sponsorship and/or affiliation of Emma or Emma’s Products.
Please contact us at https://www.emma-mattress.com/contacts/ if you have questions about our Content or intellectual property, including whether we are willing to authorize your use of the same.

V. LIMITED LICENSE AND SITE ACCESS

You are allowed to use the Site only for your lawful personal use (or personal use on behalf of a third party). You may not use the Site to do or to facilitate any of the following things (or otherwise to violate any laws or legal rights of anyone else):
Copy, imitate, mirror, distribute, publish, download, publicly display, publicly perform, post or transmit any of the Content in any manner or format, and through any means now known or later developed.
Resell any Emma Products or display or describe Emma Products for commercial or competitive purposes, or in a false, misleading, or disparaging light.
Commit fraud or other dishonest act, including by seeking refunds or other compensation or benefits for Product orders that are not legitimate, or about which you are not being completely truthful in your communications with us.
Make commercial use of any Content or any Product available on the Site.
Modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the source code / HTML code underlying the Site.
Use any automated software or tools that are designed to extract and copy data (such as bots, spiders, crawlers, or other similar data-mining, data-gathering, or data-extraction methods) on the Contents of, or source code / HTML code underlying, the Site.
Collect any information about users of the Site.
Attempt to interfere with, disrupt, reverse-engineer, steal from, or gain unauthorized access to, any of the software, technology, or equipment that supports the Site;
Impersonate another person, or misrepresent your affiliation, with a person or entity;
Post advertising or marketing links or content;
Access the Site from anywhere in the world where it is unlawful for you to do so.

VI. Truthful Communication, Accounts, forms, Registrations and passwords

You represent and warrant that the information you provide to Emma upon creating an account on the Site and at all other times will be true, accurate, current, and complete.
You promise that all information that you provide to Emma when communicating with us via the Site or by any other means, and when purchasing Products from us, will be true, accurate, current, and complete. We are not responsible for problems that you encounter as a result of false, inaccurate, outdated, or incomplete information that you provide to us. For example, when you purchase a Product via the Site, we will ship that Product to the address that you provided while completing your order. If that address is incorrect, you may experience problems with your purchase for which we will not be responsible.
If you do create an account, your account is personal to you, and you may not share your account information with, or allow access to your account by, any third-party. As you will be responsible for all activity that occurs under your access credentials, you agree to use reasonable efforts to prevent unauthorized access to or use of the Site and to preserve the confidentiality of your username and password, and any of device that you use to access the Site. You agree to notify us immediately of any breach of secrecy of your log-in information. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third-party, you agree to immediately notify Emma by e-mail to https://www.emma-mattress.com/contacts/ . You will be solely responsible for the losses incurred by Emma and others due to any unauthorized use of your account.

VII. PURCHASING PRODUCTS

We will display the current prices on the Site for all Products available for purchase via the Site. The prices do not include applicable taxes and fees that we are legally required to charge you. We will inform you about any such taxes and/or fees before you are able to complete a purchase order. For example, certain jurisdictions require us to charge and remit separate fees to support those jurisdictions mattress recycling efforts.
We do not charge for standard shipping within the contiguous United States.
The Site currently uses one or more third parties to process payments that you authorize in connection with purchasing Products. We will inform you of the methods of payment that our third-party payment processors permit while you are placing your order.
All amounts listed and monetary transactions on and via the Site are in U.S. dollars.

VIII. 100-NIGHT TRIAL, WARRANTY, AND OTHER REFUNDS / RETURNS

We stand behind our Products. Each Product that is manufactured by Emma and purchased directly from Emma is covered by a warranty, the terms of which can be found at https://www.emma-mattress.com/100-night-trial/ (the “Product Warranties”). The Product Warranties are expressly incorporated by reference into these Terms. To the extent there is a conflict between the terms of any Product Warranty and these Terms, the terms of the applicable Product Warranty shall govern.
If you are dissatisfied or believe there is a defect in any of your Products, please review the relevant warranty and, if you believe that you are entitled to take advantage of those terms, please contact us at https://www.emma-mattress.com/contacts/
Please refer to our 100-Night Trial Policy and Limited Warranty to learn about the terms that apply to those Emma offerings. You may return any Product within the first 100 days after your receipt of that particular Product, provided that the Product is located in the United States. Refunds will be issued in the form of the original payment If you purchased the Product using an offer code or gift code, the dollar value of any offer code will not be refunded or credited back if any or all of the merchandise is returned. For questions about potential refunds or returns not covered by the 100-Night Trial Policy and Limited Warranty, please contact https://www.emma-mattress.com/contacts/ .
Return shipping is free, provided that the Product being returned is located in the United States (not including territories) or Canada. Refunds will be issued in the form of the original payment.
Products must be in donable condition to be eligible for return (e.g., no stains, tears or other soiling including odors).

IX. Gift and Offer Codes; Referral Program

Emma may offer qualified consumers “gift codes” or “offer codes” through a variety of promotional activities and communications (collectively referred to as “offer codes”) that are redeemable towards a purchase on https://www.emma-mattress.com/, while supplies last, and subject to certain merchandise exclusions or any other restrictions as may be determined and communicated by Emma in its sole discretion. Only valid offer codes provided or promoted by Emma will be honored at checkout. Codes supplied or promoted by third parties unauthorized by Emma (including any unauthorized third-party websites) will not be considered valid. Each offer code promoted by Emma is non-transferable and valid for single use on an item (or items) of merchandise as determined by Emma. Offer codes may not be combined and may not be used in conjunction with the Emma Referral Program–customers are limited to the use of a single offer code per order. Offer codes cannot be used towards purchase of non-branded merchandise, packaging or applicable taxes. For online purchases, the code must be entered in the ‘Apply Coupon’ field at checkout. Offer codes are only valid online. Emma is not responsible for lost, stolen or corrupted codes or any unauthorized use of codes. Offer codes cannot be redeemed for cash or any cash equivalent; no substitutions or credits allowed. The dollar value of any offer code will not be refunded or credited back if any or all the merchandise is returned. Expiry dates may apply to each offer code. Offer codes are void if copied, transferred, sold, exchanged or expired, and where prohibited. Requests not complying with all offer code requirements will not be honored.
From time to time, Emma may also engage spokespeople, influencers, bloggers, or other individuals or entities who have been compensated or incentivized to speak on behalf of the brand. When you receive an offer code via a third-party source, such as a television or radio show host, please note that such individuals may have been compensated by Emma for their statements.

X. CONTENT YOU SUBMIT TO EMMA

From time to time, Emma may allow you to submit or post reviews, comments, photos, videos, or similar content or materials on the Site (collectively, “Postings”). We welcome your Postings as long as they are appropriate. Postings may not harass, libel, defame, slander, threaten, or otherwise violate the legal rights of any other person or organization and may not be obscene, pornographic, defamatory, profane, or otherwise unlawful or indecent.
We reserve sole and complete discretion over whether to allow or display, and how to use, all Postings. By posting a Review on the Site, you hereby grant Emma an unrestricted, assignable, sublicensable, perpetual royalty-free, fully paid up license throughout the world to reproduce, distribute, publicly display, transmit, communicate to the public, publicly perform on a through-to-the-audience basis, create derivative works from, and otherwise use and exploit (collectively, “Use”) all Reviews you post to the Site, for any purpose, including promoting and marketing Emma and the Products. You further grant Emma a royalty-free license to Use the name, image, and likeness of any person identifiable in any Review you post to the Site. By posting a Review, you waive any and all rights of publicity, privacy or any other rights of a similar nature, in addition to any moral rights you may have in your Review. Except for materials provided to you by Emma through the Site, you represent, warrant, and covenant that you either are the sole and exclusive owner of Reviews that you post to the Site, or you have all rights, licenses, consents, and releases that are necessary to grant to Emma the rights in your Reviews as contemplated under the Terms, and the Reviews you post to the Site do not infringe, misappropriate or violate the rights of any party or entity, including a third-party’s patent, copyright, trademark, trade secret, moral rights, rights of publicity, rights of privacy or other intellectual property or proprietary rights, constitute or result in defamation, libel, slander, or the violation of any applicable law or regulation (including, without limitation, restrictions on obscenity, child pornography, wiretap laws or other similar restrictions on nonconsensual recording, or otherwise), or require Emma to obtain any licenses from or make any payments in any amounts to any third-party throughout the world.
You possess all legal rights, authorizations, and/consents or releases necessary to grant to Emma the foregoing rights in your Posting. Your Posting does not infringe, misappropriate, or violate any legal rights of any other person or organization party or entity.
Emma has no obligation to monitor the Site or Postings to the Site. However, we reserve the right to maintain full control over all aspects of the Site, including all Postings, and we may remove, delete, redact, or otherwise modify any Posting at any time, for any reason, with or without notice or further obligation to you. If you do not agree with these terms, please do not submit a Posting.
Emma does not promise or guarantee that the content of any Posting will be truthful, accurate, or reliable.

XI. DIGITAL MILLENIUM COPYRIGHT ACT

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides procedures for copyright owners to follow if they believe in good faith that material appearing on the Internet infringes their rights under U.S. copyright law. If you have such a good faith belief with respect to any content posted on the Site, you or your agent should contact Emma in a writing clearly identified as a “Notification of Claimed Infringement.” That writing should describe the alleged infringement and request that the allegedly infringing content be removed (or that access to it be blocked). A “Notice of Claimed Infringement” must include the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works);
Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Emma to locate the material on the Site;
Your name, address, telephone number, and e-mail address (to the extent available);
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been improperly filed against you, the DMCA permits you to send Emma a counter-notice describing why you have that belief.
Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details.
Notices and counter-notices with respect to the Site should be sent to https://www.emma-mattress.com/contacts/ . We recommend that you obtain professional legal advice before filing a notice or counter-notice under the DMCA. The DMCA imposes penalties for false claims made under it.

XII. DISCLAIMERS

We do not represent or guarantee the truthfulness, accuracy, or reliability of content, posted by third parties. You accept that any reliance on material posted by third-party service providers will be at your own risk. By using the Site you accept the risk that you might be exposed to content that is objectionable or otherwise inappropriate. We may change, suspend, or discontinue any aspect of the Site at any time, including hours of operation or availability of the Site or any feature, without notice or liability.
Emma is not responsible for any dispute or disagreement between you and any other person or entity with whom you may communicate or interact via or while using the Site. You assume all risk associated with dealing with such third parties. You release and shall hold harmless Emma from and against all claims, injuries, demands, and exposures of any kind arising out of or relating to any such dispute or disagreement. You also promise not to involve Emma in such dispute.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND (B) EXCEPT FOR OUR EXPRESS LIMITED WARRANTY, EMMA (INCLUDING ITS EMPLOYEES, OFFICERS, AGENTS, AND ADVISORS) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO THE SITE (AND PRODUCTS OR SERVICES AVAILABLE VIA THE SITE), IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
EMMA MAKES NO WARRANTIE AS TO YOUR USE OF THE SITE AND, EXPRESSLY DISCLAIMS THAT:
THE SITE WILL MEET YOUR EXPECTATIONS OR NEEDS
THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
THE NATURE, QUALITY, OR QUALITIES OF ANY PRODUCTS OR SERVICES PROMOTED OR AVAILABLE FOR PURCHASE VIA THE SITE WILL MEET YOUR EXPECTATIONS OR NEEDS

XIII. LIMITATION ON LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT EMMA WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF EMMA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY OF THE FOLLOWING: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR third-party ON THE SITE; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO THE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE OR YOUR USE OF EMMA CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE).

XV. DISPUTE RESOLUTION; CHOICE OF LAW; MANDATORY ARBITRATION

We hope and expect that we will never have a dispute with you. However, if a dispute, claim, or controversy does arises from these Terms, the Site, or your purchase of Products or use of any service available via the Site, the following rules and procedures shall apply.
Informal Dispute Resolution. Both parties (You and Emma Mattress,Inc.) both agree that you will try in good faith to resolve any dispute informally. If you wish to initiate this informal process, you must send a notice clearly marked “Notice of Dispute,” and have it contain a brief yet detailed written statement clarifying your name, address, and contact information, the information pertaining to your dispute, and the resolution you are seeking. All notices must be sent to support@emma-mattress.com. We will contact you via email at the address that you have specified in your notice or at the physical address we have on file relating to any order you placed with us. Both parties (You and Emma Mattress, Inc.) agree to use reasonable, good faith efforts to settle any Dispute through consultation, communication, and negotiations within thirty (30) days of your submission of a formal notice. If a dispute is not resolved within thirty (30) days of it being formally submitted, either party may resort to the procedures described in the remainder of this section. If Emma Mattress INC has a dispute with you, they will follow the same procedure, except with the one caveat that they will initiate the process by sending the “Notice of Dispute” to you via email at the address specified in any such notice or the physical address we have on file relating to any order you placed with us.
Mandatory Arbitration. In the event that you and Emma Mattress INC are unable to resolve a dispute through informal negotiation within thirty (30) days of the “Notice of Dispute” (as described above), both parties (You and Emma Mattress, Inc.) agree to resolve the dispute through final and binding arbitration, except as set forth under “Exceptions” below, and unless you have opted-out of this agreement to arbitration by following the procedure described below.
Opt-out of Agreement to Arbitrate
You can decline this agreement to arbitrate within thirty (30) days of your first use of the Site or the date on which you purchased an Emma Product (whichever is later) by contacting support@emma-mattress.com in written form (including via email) clearly marked with the subject stating “Opt-out of Agreement to Arbitrate” that states that you decline this arbitration agreement.
If you do not choose to opt out, both parties (you and Emma Mattress, Inc.) agree to submit to the personal and exclusive arbitration of any disputes arising out of or relating to your use of the Site under the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA”). The AAA Rules and fee information are available at www.adr.org or by calling the AAA at 1-800-778-7879.
either be held in the county in the United States where you live or work, or in Delaware, unless both parties (You and Emma Mattress, Inc.) otherwise agree in writing. You may not, and you promise not to, initiate any legal action or proceeding against Emma Mattress INC (including its employees, officers, agents, advisors, and sister companies) in any other forum or location.
Emma Mattress INC will reimburse all filing and arbitration fees for claims of less than $75,000 unless the arbitrator determines that a claim is frivolous or was brought in bad faith or for an improper purpose. You are responsible for any other costs that you may incur in connection with the arbitration, including but not limited to attorney's fees and expert witness costs, unless Emma Mattress INC is otherwise specifically required to pay such fees under applicable law. For claims that total more than $75,000, the AAA Rules shall govern payment of filing fees and arbitration fees. Both parties (You and Emma Mattress , Inc.) agree not to seek attorneys' fees and costs in arbitration, unless the arbitrator determines that a claim is frivolous or was brought in bad faith or for an improper purpose.
You agree that you may resolve any dispute with Emma Mattress INC only on an individual basis, and that you may not bring any claim or demand as a plaintiff of, or otherwise participate as part of, any purported class, consolidated, or representative action or proceeding. Further, unless both parties (You and Emma Mattress INC) otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class, consolidated or representative proceeding. Therefore, you acknowledge and understand that each of the following restrictions applies to any Dispute you have with Emma Mattress INC (including its employees, officers, agents, and advisors) arising out of or relating to your use of the Site, purchase of any Products, or these Terms:
BOTH PARTIES (YOU AND EMMA MATTRESS, Inc.) HEREBY EXPRESS WAIVE THE RIGHT TO A JURY TRIAL
YOU ARE WAIVING AND GIVING UP YOUR RIGHT TO BRING A CLAIM IN A REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE
If any court or arbitrator determines that the class, consolidated, or representative action waiver set forth in this section is void or unenforceable for any reason or that arbitration may proceed on a class, consolidated, or representative basis, then the Dispute will not be subject to arbitration and, other than small claims actions, must be brought in a federal or state court of competent jurisdiction in Dover Delaware (Kent County). Both parties (you and Emma Mattress, Inc.) irrevocably consent to venue and personal jurisdiction there and waive all objections to venue or personal jurisdiction there (except for objections based on failure of service of process). Both parties (You and Emma Mattress, Inc.) also each agree to waive our right to a jury trial in these circumstances.
Exceptions. Either you or Emma Mattress INC may bring a lawsuit for injunctive relief to prevent and/or to stop (1) unauthorized use or abuse of the Site, (2) defamation, libel, or other false or misleading statements, or (3) any actual or threatened intellectual property infringement or unfair competition without first engaging in the informal dispute resolution and arbitration processes described above.
Choice of Law. These Terms and the relationship between you and Emma Mattress INC shall in all cases be governed by the laws of the State of Delaware without reference or recourse to its choice of law or conflicts of laws principles.
Terms Admissible as Business Records. A printed version of these Terms (including our Privacy Policy and our 100-Night Trial Policy and Limited Warranty) and of any other communications between the two parties (You and Emma Mattress, Inc.) shall be fully admissible in any proceedings arising out of or relating to these Terms, and shall be treated as a record maintained in the ordinary course of Emma Mattress INC’s business.

XIV. OUR RIGHT TO TERMINATE YOUR ACCESS TO THE SITE

Notwithstanding any of these Terms, we reserve the right, without notice or attendant liability, and in our sole discretion, to terminate your license to use this Site, and to block or prevent future access to and use of this Site for any reason or no reason. Upon termination, these Terms will still apply.

XV. OUR RIGHT TO CHANGE OR UPDATE THESE TERMS

We may review these Terms periodically to ensure that they comply with applicable law and remain consistent with our Products and operations. We therefore reserve the right to update and revise these Terms at any time without specific or direct notice to you. We intend to notify you of changes by referring to the “Effective Date of Current Policy” date at the top of this page; provided, however, that we will endeavor to provide you with prior notice of any material changes that will apply to you. Your use of our website constitutes your acceptance of these Terms.

XVI. WAIVER

Our failure partially or fully to exercise any of our rights, or our waiver of any violation of these Terms, shall not prevent our later exercise of such right and shall not constitute or indicate our waiver of any subsequent breach. Our rights and remedies under these Terms and any other applicable agreement between you and us shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.

XVII. Severability

If any of these Terms are deemed invalid, void, or for any reason unenforceable, that term will be severed and will not affect the validity and enforceability of any remaining term or condition. NOTHING IN THESE TERMS WILL AFFECT ANY NON-NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.

XVIII. ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and Emma with respect to the Site and supersede all prior or contemporaneous communications relating to the Site. Any rights not expressly granted herein are reserved.

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