Terms and Conditions

Access To This Site

You must be eighteen (18) years or older to access this Site. By agreeing to these Terms of Service, you represent that you are at least eighteen (18) years old, and that your use of the Site, Services, or Products does not violate any applicable law or regulation.  If you are under eighteen (18) years of age, you are not permitted to access this Site for any reason. Due to the age restrictions for use of this Site, Services, and Products, no information obtained by this Site falls within the Children’s Online Privacy Protection Act (COPPA) and is not monitored as doing so.

Information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.  Persons who choose to access the Site from such locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

Our Products are not intended for use in the diagnosis, cure, mitigation, treatment, or prevention of any disease or illness.  These Products and any statements made regarding these Products have not been evaluated or approved by the U.S. Food and Drug Administration for any indication, including safety and efficacy.  By accessing this Site, you acknowledge the information provided on this Site, within any of the Company’s social media pages or channels, and all of the documentation and literature included with any Product identified on the Site, is provided for informational and educational purposes only.  In no way is any of the information contained in these Terms of Service or elsewhere on the Site intended to be a medical or prescriptive guide or a substitute for informed medical advice or care, nor is it intended to cover all possible uses, directions, precautions, or adverse effects.  You should never delay seeking advice or disregard advice from a medical professional based on something you have read on the Site.

Company makes no representations that the Products or Services made available through this Site will be available or appropriate in every jurisdiction in which this Site may be accessed or Services utilized.  To the best of Company’s knowledge, it operates legally under both state and federal law in the United States; however, it is up to you to determine whether accessing this Site and purchasing our Products are legal where you are.  You access this Site and purchase our Products at your own risk, and you are responsible for compliance with all applicable laws, rules, regulations, and treaties. You may only place an order to purchase Company’s Products or use our Services in accordance with the laws of the United States and any applicable international jurisdiction in which you will possess, use, or ship any Products.

YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS BY CONTINUING TO USE THE SITE.  IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS, OR TO MODIFICATIONS THAT THE COMPANY MAY MAKE TO THESE TERMS IN THE FUTURE, YOU MAY NOT ACCESS, USE, OR CONTINUE TO ACCESS OR USE THE SITE OR OUR SERVICES.

Safety Acknowledgment

Please consult your healthcare professional about potential interactions or other possible complications before using any product.  If you are pregnant, nursing, or diagnosed with a heart condition, allergies, or other medical conditions, seek the advice and assistance of a physician or trained health professional before purchasing our Products.  If you believe or suspect that you have a medical problem, promptly contact your doctor or health care provider.  Company shall not be held liable for medical or other claims made by third parties or customer testimonials relating to the safety, use, or efficacy of our Products.

Consumption of Hemp-Derived Cannabinoids and Drug Testing

The consumption of certain hemp products may lead to a positive drug test for tetrahydrocannabinol (“THC”) or certain cannabinoid metabolites.  Company cannot guarantee that Products available for sale on this Site do not contain traceable amounts of THC nor can Company guarantee that use of Company’s Products will not result in failed drug screening for THC, other cannabinoids, or their metabolites.  Your use of Company’s Products is at your own risk. Company is not responsible for any personal adverse employment or professional action related to your use of the Products.

Registration and User Information

To access this Site or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of this Site that all the information you provide on this Site will be correct, current, and complete. If our Company believes the information you provide is not correct, current, or complete, we have the right to refuse you access to this Site or any of its resources, and to terminate or suspend your access at any time, without notice.

In order to purchase Products from the Site you must complete the registration process to obtain a user account. You will be required to provide your name, address, email address, phone number, and date of birth (“User Information”). You must provide complete and accurate information during the registration process. You have an ongoing obligation to update your User Information if and when it changes.  Our information collection and use policies with respect to your User Information are provided in our Privacy Policy, which is incorporated into these Terms of Service by reference.  An age verification check will occur during the registration process in order to confirm that you are of legal purchasing age.  Only persons of legal purchasing age and that have been verified can purchase Products, use our Services, and participate in any promotions or offers from the Site.

You may also be asked to provide a username and password. You are solely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time.  You are also solely responsible for any and all activities that occur under your registration or your User Information.  You agree to notify us immediately of any unauthorized use of your account, username, or password. If you use a password that the Company considers insecure, the Company will be entitled to require the password to be changed and/or terminate your account.

You agree that you will not create more than one account.  By registering and obtaining an account you affirm you will follow the Terms of Service.  Your registration constitutes your consent to enter into agreements with us electronically.

We shall not be liable for any loss that you incur as a result of someone else using your account, username, or password, either with or without your knowledge.  You may be held liable for any losses incurred by us, our affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account, username, or password.

We reserve the right to terminate your registration or to refuse Services to you, without prior notice to you, at any time and for any or no reason.

Restrictions On Use

You may use this Site for purposes expressly permitted by this Site. You may not use this Site for any other purpose, including any commercial purpose, without our Company’s express prior written consent. For example, you may not (and may not authorize any other party to) (i) co-brand this Site, or (ii) frame this Site, or (iii) hyperlink to this Site, without the express prior written permission of an authorized representative of our Company. For purposes of these Terms of Service, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this Site or content accessible within this Site. You agree to cooperate with our Company in causing any unauthorized co-branding, framing, or hyperlinking immediately to cease.

In addition, you are prohibited from using the Site or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others, including violating anyone’s copyrights or trademarks or their rights of publicity; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site, Services, or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to solicit funds, advertisers, or sponsors; or (l) to interfere with or circumvent the security features of the Site, Services or any related website, other websites, or the Internet.  We reserve the right to terminate your use of our Site, Services, or any related website for engaging in any of the prohibited uses.

Although under no obligation to do so, our Company reserves the right to monitor use of this Site to determine compliance with these Terms of Service, as well as the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither Company nor any third party that provides Content to Company will assume or have any liability for any action or inaction by Company or such third party with respect to any submission.

Security

Any passwords used for this Site are for individual use only. You will be responsible for the security of your password (if any). Company will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Company considers insecure, Company will be entitled to require the password to be changed and/or terminate your account.

You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Company reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. Company reserves the right to investigate suspected violations of these Terms of Use.

Company reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Company to disclose the identity of anyone posting any email messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use.

BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER COMPANY OR LAW ENFORCEMENT AUTHORITIES.

Proprietary Information

The material and content accessible from this Site, as well as any other media form, media channel, mobile application, or mobile website related or connected thereto that is owned, operated, licensed, or controlled by our Company, including without limitation, text, images, photographs, graphics, logos, button icons, trademarks, software, source code, databases, functionality, mobile applications, website designs, audio, and video (“Content”), and is the proprietary information of our Company or the party that provided the Content to our Company, and our Company or the party that provided the Content to our Company retains all right, title, and interest in the Content. Accordingly, the Content may not be used, copied, distributed, sold, resold, republished, licensed, uploaded, posted, or transmitted in any way without the prior written consent of our Company, or unless authorized in writing elsewhere on our Site, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates our Company’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this Site.

Trademarks

Trademarks, service marks, and logos appearing in this Site are the property of Company or the party that provided the trademarks, service marks, and logos to Company. Company and any party that provided trademarks, service marks, and logos to Company retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this Site.

Third-Party Links

This Site may be hyperlinked to other sites which are not maintained by, or related to, our Company. Hyperlinks to such sites are provided as a service to users and are not sponsored by or affiliated with this Site or our Company. Our Company has not reviewed any or all of such sites and is not responsible for the content of those sites. Hyperlinks are to be accessed at the user’s own risk, and our Company makes no representations or warranties about the content, completeness, or accuracy of these hyperlinks or the sites hyperlinked to this Site. We do not warrant and are not liable or responsible for any third-party materials or websites, or for any other materials, products, or services of third parties. Further, the inclusion of any hyperlink to a third-party site does not necessarily imply endorsement by our Company of that site.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.  Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction.  Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

User Content, Comments, and Feedback

You hereby grant to our Company the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, feedback, suggestions, ideas, graphics, or other information communicated to our Company through this Site (together, hereinafter known as the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. Our Company will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Company operations. Our Company will treat any personal information that you submit through this Site in accordance with its Privacy Policy as set forth on this Site.

You agree that your Submissions to the Site will not violate any right of any third party, including copyright, trademark, privacy, or other personal proprietary right(s). You further agree that no Submission by you to the Site will be or contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site, Services, or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Submission.  You are and shall remain solely responsible any Submission you make.

Push Notifications, Text Messages, and Emails

If you create a user account and provide us with your cell phone number, you agree and consent to receive certain text messages from us regarding the Site, Products, and Services.  These text messages may relate to the Site’s operations or include promotional messages.  Standard text messaging rates will be applied by your mobile device carrier to any text messages sent by us.  You will have the option to opt out of receiving text messages by replying “STOP” to any text message sent by us.  After requesting to opt out, you may receive text messages from us for just a brief time while your request is processed. 

Company text messages may be generated by automatic telephone dialing systems and you hereby waive your right to pursue any claims (including any claim that arises while your request to opt out is pending) under the Telephone Consumer Protection Act (“TCPA”).  To the extent any claim under the TCPA cannot be waived, by using the Site or Services, you are agreeing that any claim against Company that cannot be waived, but which arises under the TCPA (including any claim that arises while your request to opt out is pending), will be arbitrated on an individual, and not on a class or representative, basis, in accordance with the Governing Law and Arbitration provisions of these Terms of Service. 

Orders and Payment

You agree that any order you place through the Site (each, an “Order”) is an offer to buy, under these Terms of Service, all Products listed in your Order.  We must accept all Orders before we are obligated to sell the Products to you.  Acceptance of your Order and the formation of the contract of sale between us and you will not take place unless and until you have received your Order confirmation email.  We may choose not to accept any Order, or cancel any Order, in our sole discretion.  If we make a change to or cancel an Order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the Order was made.  You agree to pay for all Orders you place through the Site.  By purchasing a Product using the Site, you agree to be bound by these Terms, our shipping policy and our return policy..

In the event you dispute the amount or validity of any payments made to Company, you must notify us within ten (10) days of payment, of any such dispute by mail or email at the address or email address listed below.  You expressly agree that your failure to notify Company of any dispute within ten (10) days of payment will constitute your express waiver of any claims related to the disputed payment.  You agree that you will pay all costs and expenses of collection, including attorneys’ fees, incurred by Company in the event of failure to make payment.

All prices posted on this Site are subject to change without notice.  The price charged for a Product will be the price in effect at the time the Order is placed and will be sent out in your Order confirmation email.  Price increases will only apply to Orders placed after such changes.  Posted prices do not include taxes or charges for shipping and handling.  All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your Order confirmation email.  We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any Orders arising from such errors.

We will arrange for shipment of the Products to you.  You will pay all shipping and handling charges specified during the ordering process.  Title and risk of loss pass to you upon our transfer of the Products to the shipping carrier. Shipping and delivery dates are estimates only and cannot be guaranteed.  We are not liable for any delays in shipments.

Please refer to our Shipping Policy regarding shipping of Orders, available here.

Except for any Products designated on the Site as non-returnable, we will accept a return of the Products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made in compliance with our Return Policy available here, return policy.

We reserve the right, but are not obligated, to limit the sales of our Products to any person, geographic region, or jurisdiction.  We may exercise this right on a case-by-case basis.  We reserve the right to limit the quantities of any Products that we offer.  All descriptions of Products or Product pricing are subject to change at any time without notice, and in our sole discretion.  We reserve the right to discontinue any Product at any time.  Any offer for any Product made on this Site is void where prohibited.  We do not warrant that the quality of any Products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

By signing up for a subscription you are agreeing to take responsibility for cancelling your subscription before any renewal charge. 

If a renewal charge is processed before you cancel your subscription, we will not be able to refund it. 

If you have a question about any charge from Sandland Sleep, please email us at customer.service@sandlandsleep.com

You may cancel your subscription at any time, but all subscriptions automatically renew at the end of the billing period. Cancellations of the current subscription take effect at the end of the current billing period. 

For example, if your subscription period ends on the 15th of every month, and you cancel on the 20th, you'll continue to have full access until the 15th of the following month, but you won’t be charged again after that.

Once you cancel your paid subscription, you won’t be charged again.  If you have a question about any charge from Sandland Sleep, please email us at customer.service@sandlandsleep.com 

Errors, Inaccuracies, and Omissions

Occasionally there may be information on our Site or in the Services that contains typographical errors, inaccuracies or omissions that may relate to Product descriptions, pricing, promotions, offers, Product shipping charges, transit times, and availability.  We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel Orders if any information in the Site or Services or on any related website is inaccurate at any time without prior notice (including after you have submitted an Order).

We undertake no obligation to update, amend, or clarify information on the Site or related to the provision of any Products, Services, or on any related website, including without limitation, pricing information, except as required by law.  No specified update or refresh date applied in the Site or Services or on any related website, should be taken to indicate that all information in the Site or Services or on any related website has been modified or updated. We are not responsible if Content is not accurate, complete, or current.  All of the information in this Site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this Site, and Company does not undertake any obligation to update such information after it is posted or to remove such information from this Site if it is not, or is no longer, accurate or complete. Any reliance on Content is at your own risk.  We shall not be liable to you or to any third party for any modification, change, suspension, or discontinuance of the Site, Services, or Products.

Disclaimers and Limitations of Liability

You understand that our Company cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this Site for the reconstruction of any lost data. Our Company does not assume any responsibility or risk for your use of the Internet.

The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by Company. Investors, borrowers, and other persons should use the Content in the same manner as any other educational medium and should not rely on the Content to the exclusion of their own professional judgment. Information obtained by using this Site is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. The Content is provided “as is” and without warranties of any kind, either expressed or implied.

YOU AGREE THAT YOUR USE OF THE SITE, SERVICES, AND PRODUCTS IS AT YOUR SOLE RISK TO THE FULLEST EXTENT PERMITTED BY LAW. COMPANY, ITS AFFILIATES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE, SERVICES, PRODUCTS, AND YOUR USE THEREOF, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, SALABILITY, OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. OUR COMPANY DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

YOU, AND NOT OUR COMPANY, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. OUR COMPANY MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT. COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS SITE, ANY ORDER OR THE FULFILLMENT OR NON-FULFILLMENT THEREOF, OR ANY INFORMATION OR MATERIALS PROVIDED ON THE SITE.  COMPANY IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER.  IF YOU ARE DISSATISFIED WITH THE SITE OR ANY MATERIALS ON THE SITE OR THE SERVICES, OR WITH ANY OF THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF COMPANY AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO COMPANY FOR THE APPLICABLE CONTENT, PRODUCT, OR SERVICE OUT OF WHICH LIABILITY AROSE.

Indemnification

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD COMPANY, ITS PARENT, SUBSIDIARIES, AFFILIATES, PARTNERS, SHAREHOLDERS, MEMBERS, LICENSORS, CONTENT PROVIDERS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, DISTRIBUTORS, VENDORS, AND CONTRACTORS (HEREINAFTER KNOWN AS THE “INDEMNIFIED PARTIES”) HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, LIABILITIES, DAMAGES, COSTS, AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES ARISING FROM OR RELATING TO YOUR USE OF THE SITE, YOUR BREACH OF ANY OF THESE TERMS OF SERVICE OR THE DOCUMENTS THEY INCORPORATE BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY. NOTWITHSTANDING THE FOREGOING, COMPANY RESERVES THE RIGHT, AT YOUR EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH YOU ARE REQUIRED TO INDEMNIFY COMPANY, AND YOU AGREE TO COOPERATE, AT YOUR EXPENSE, WITH COMPANY’S DEFENSE OF SUCH CLAIMS. COMPANY WILL USE REASONABLE EFFORTS TO NOTIFY YOU OF ANY SUCH CLAIM, ACTION, OR PROCEEDING WHICH IS SUBJECT TO THIS INDEMNIFICATION UPON BECOMING AWARE OF IT. 

Governing Law; Jurisdiction

The Site is created and controlled by Sandland National, LLC in the state of California.  All matters arising out of or relating to these Terms of Service are governed by, and will be construed in accordance with, the laws of the United States and by the laws of the state of California without giving effect to the conflict of laws provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the state of California. Nothing in these Terms of Service will prevent Company from seeking injunctive or other equitable relief, payment of amounts due, or enforcement of an award before any court having jurisdiction over any person or otherwise over such subject matter. 

Each of Sandland National, LLC and you agrees to submit to the nonexclusive personal jurisdiction of the courts located within Los Angeles, California, and waives any objection to the laying of venue of any litigation in said courts.

Arbitration

In the event of any dispute with Company, you agree to first contact Company to attempt in good faith to resolve the dispute.  Either party may commence this negotiation by delivering written notice to the other party.  All offers, promises, conduct, and statements, whether oral or written, made in the course of negotiation to resolve the dispute by any of the parties, their agents, employees, experts, and attorneys are confidential, privileged and inadmissible for any purpose, including impeachment, in arbitration, or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the negotiation.

If the dispute cannot be settled amicably within thirty (30) days of delivery of written notice or the in-person meeting of authorized representatives, whichever comes later, then the dispute shall be resolved by binding arbitration. We each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or in any way relating to these Terms of Service, the Site, Services, or Products, including any determination of the scope or applicability of this Section, shall be finally settled by arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules then in effect, and judgment on the award rendered by the arbitral tribunal may be entered in any court having jurisdiction thereof.  The Parties shall share the costs of the arbitration equally; however, each Party shall be responsible for its own attorneys’ fees and other costs and expenses.  The arbitration will be conducted in the English language, in the city of Los Angeles, by a single arbitrator jointly selected by the parties in accordance with the AAA Rules.  The arbitrator shall have the power to grant legal and equitable remedies, including awarding the prevailing party its attorneys’ fees and other costs of the arbitration, but they shall not grant punitive damages.  Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.  The award shall be final and binding upon all parties as from the date rendered and shall be the sole and exclusive remedy between the parties regarding any claims, counterclaims, issues, or accounting presented to the arbitral tribunal.  The Parties acknowledge that they are irrevocably waiving the right to a trial in court, including a trial by jury, and that all rights and remedies will be determined by an arbitrator and not by a judge or jury. This section will not preclude the parties hereto from seeking injunctive relief and/or provisional remedies in aid of arbitration from a state court of appropriate jurisdiction.

Class Action Waiver

Any dispute resolution proceedings, whether in arbitration or court, will be conducted only on an individual basis and not in a class or representative action, or as a named or unnamed member in a class, consolidated, representative or private attorney general legal action.  Your access and continued use of the Site, Products, or Services signifies your explicit consent to this waiver.

Severability

The provisions of these Terms of Service are intended to be severable. If for any reason any provision or part of a provision of these Terms of Service shall be held invalid, void, or unenforceable in whole or in part in any applicable jurisdiction, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions.

Acknowledgment; Other Terms

These Terms of Service and any policies or operating rules posted by us on this Site or in respect to any Services constitute the entire agreement and understanding between you and us and govern your use of the Site and any Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).  The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.  Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Electronic Communications, Transactions, and Signatures

Visiting the Site, using the Services, sending us emails, and completing online forms constitute electronic communications.  You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.  YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.  You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

California Users and Residents

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

Miscellaneous

The failure of Company to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision.  The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.  These Terms of Service operate to the fullest extent permissible by law.  These Terms of Service and your account may not be assigned by you without our express written consent. Company may assign any or all of its rights and obligations to others at any time. Company shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause, beyond Company’s reasonable control. There is no joint venture, partnership, employment, or agency relationship created between you and Company as a result of these Terms of Service or use of the Site or Services.  Upon Company’s request, you agree to furnish Company any documentation, substantiation, or releases necessary to verify your compliance with these Terms of Service.  You agree that these Terms of Service will not be construed against Company by virtue of having drafted them.  You hereby waive any and all defenses you may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto to execute these Terms of Service.

This Site is operated by Sandland National, LLC. All notice required or permitted under these Terms of Service shall be made in writing by mail or by email to:

128 Sierra Street, #2, El Segundo, CA 90245

(888) 585-3869

Customer.service@sandlandsleep.com

Contact Information

We can be contacted at 4223 Glencoe Ave, Marina Del Ray CA 90292, by phone at (888) 585-3869, or by email Customer.service@sandlandsleep.com