The Agreement Between Users and Avocado Mattress LLC Updated: 09.1.2022
Welcome to our website: avocadogreenmattress.com. The Avocado Mattress website (the “Site”) is comprised of various web pages operated by Avocado Mattress LLC (Avocado Mattress, Avocado Green Mattress, the Company, our, we, us). This website, avocadogreenmattress.com, is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (“Terms”).
YOUR USE AND ACCESS TO THE SITE CONSTITUTE YOUR AGREEMENT TO ALL SUCH TERMS AND ALL APPLICABLE LAWS. PLEASE READ THESE TERMS CAREFULLY, AND KEEP A COPY OF THEM FOR YOUR REFERENCE. IF YOU DO NOT AGREE WITH ALL OF THE TERMS AND CONDITIONS SET FORTH BELOW, YOU MAY NOT USE ANY PORTION OF THE SITE. Authorized Use of Site
The website avocadogreenmattress.com is an e-commerce Site. The Company shall conduct any and all lawful business deemed appropriate to execute the company’s objectives to market and sell furniture, bedding, and lifestyle products such as mattresses, frames, box springs, pillows, mattress toppers, mattress covers, foundations, protectors, pads, household furnishings.
Unauthorized Use of Site
You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store, or distribute content available on the Site. Further, you may not use any such automated means to manipulate the Site, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with or disrupt the Site or any other user's use of the Site, including, without limitation, via means of overloading, “flooding,” “mail bombing,” or “crashing” the Site, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms. You may not frame portions of the Site within another website or application. You may not resell use of or access to, the Site to any third party without our prior written consent.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Avocado Mattress is not responsible for third-party access to your account that results from theft or misappropriation of your account. Avocado Mattress and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content at our sole discretion. Avocado Mattress does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use avocadogreenmattress.com only with the permission of a parent or guardian.
Electronic Communications
Visiting avocadogreenmattress.com or sending emails to the Avocado Mattress team, such as support@avocadomattress.com, constitutes electronic communications. You consent to receive electronic communications and 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 communications be in writing.
Your License to Use Our Website and Services
You may use our website only if you agree to form a binding contract with Avocado Mattress and only in compliance with these Terms of Service and all applicable local, state, national, and international laws, rules, and regulations. You must provide us with accurate information, including your real name, when you create your Account on avocadogreenmattress.com. You are responsible for safeguarding the password that you use to access our website and for any activities or actions under your password. We encourage you to use “strong” passwords by using a combination of upper and lower case letters, numbers, and symbols with your Account. Avocado Mattress will not be liable for any loss or damage arising from your failure to comply with this instruction. You are responsible for maintaining the confidentiality of your Account and Password, including but not limited to the restriction of access to your computer and/or Account. You agree to accept responsibility for any and all activities or actions that occur under your Account and/or Password, whether your password is with our website or a third-party Service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your Account. You may not use as a username the name of another person or entity, or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization. You may not use as a username any name that is offensive, vulgar, or obscene. Use of any part of our Website or Services is void where prohibited. By using our Website or Services, you represent and warrant that (a) all information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms; (d) you have the authority to enter into these Terms; and (e) your use of our Website or Services does not and will not violate any applicable law, regulation, or agreement.
Limited License and Site Access
Company is the owner of or otherwise licensed to use all parts of the Site, including all copy, software, graphics, designs and all copyrights, trademarks, service marks, trade names, logos, and other intellectual property or proprietary rights contained therein. Some materials on the Site belong to third parties who have authorized Company to display the materials, such as portfolio works, client logos and trademarks, and other proprietary materials. By using the Service, you agree not to copy, distribute, modify, or make derivative works of any materials without the prior written consent of the owner of such materials. Except as expressly set forth in these Terms, no license is granted to you, and no rights are conveyed by virtue of accessing or using the Site. All rights not granted under these Terms are reserved by Company. We grant you a limited license to use avocadogreenmattress.com for personal use only. Consequently, this grant does not allow you to: a) resell or make commercial use of the site or any of the contents of the site, b) modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the contents of this site not intended to be read. c) copy, imitate, mirror, reproduce, distribute, publish, display, download, perform, post, or transmit any contents of the site in any form such as electronic, mechanical, photocopying, recording, or otherwise d) use of any data mining, bots, spiders or similar data gathering or extraction methods on contents of the Site or any information of the Site.
Unacceptable Behavior
Avocado is committed to providing a safe and respectful environment for all our employees and customers. We have a zero-tolerance policy for any behavior from customers deemed disrespectful, abusive, or otherwise unacceptable.
Examples of unacceptable behavior from customers include, but are not limited to:
- Use offensive or discriminatory language, including profanity, slurs, or derogatory comments directed towards our employees or customers.
- Threats or harassment towards our employees or customers, including physical or verbal abuse.
- Attempting to use our services or products illegally or fraudulently.
We take any reports of unacceptable customer behavior seriously and will promptly investigate incidents. If we determine that a customer has engaged in unacceptable behavior, we reserve the right to refuse service and discontinue further communication with that customer.
No Ideas Accepted
Avocado not accept any unsolicited ideas from outside the Company, including, without limitation, suggestions about advertising, promotion, or merchandising of our products, additions to our product lines, services, or changes in methods of doing business. We may already be working on or may, in the future, work on a similar idea. This policy eliminates concerns about ownership of such ideas. If, notwithstanding this policy, you submit an unsolicited idea to this Site, you understand and acknowledge that such idea is not submitted in confidence, and Company assumes no obligation, expressed or implied, by considering it. You further understand that Company shall exclusively own all known or hereafter existing rights to the idea everywhere in the world and that such idea is hereby irrevocably assigned to the Company. Without limiting the foregoing, to the extent any such assignment is deemed unenforceable, you hereby grant the Company an irrevocable, perpetual, worldwide license to use the idea in any manner, in any medium now known or hereafter developed, without compensation to you.
Privacy Policy
Our privacy policy, which sets out how we will use your information. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.
Terms of Sale
All details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order, and that there are sufficient funds to cover the cost of the goods. All prices advertised on our website are subject to such changes. (a) Our Contract: By placing an order, you are offering to purchase products and services on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Delivery may vary according to availability and is subject to any delays resulting from delivery services delays or force majeure for which we will not be responsible. In order to contract with avocadogreenmattress.com, you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Our website, avocadogreenmattress.com, retains the right to refuse any request made by you. When you place an order, you will receive an acknowledgment e-mail confirming receipt of your order: this email will only be an acknowledgment and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods and services, which you ordered, have been dispatched to you. Only those goods and services listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed. (b) Pricing and Availability: While we try to ensure that all details, descriptions and prices, which appear on this Website, are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or canceling it. (c) Payment: The Buyer shall be responsible for all applicable taxes, including taxes applicable in the state to which the Goods are sent. Payment must be made by credit card or debit card or via Affirm® at the time of placing an order which is accepted by the seller. Payment in full will be taken at this time, and the Contract will be in force. The buyer undertakes that all details provided to the seller for the purpose of the order and its delivery will be correct and that the chosen method of payment is the property of the seller, and that sufficient funds or credit facilities are available to cover the full cost of the goods ordered. The seller reserves the right to obtain validation of the seller’s credit card, debit card, or Affirm® details before accepting the buyer’s order.
Mobile Terms of Service
The Avocado Mattress, LLC mobile message service (the "Service") is operated by Avocado Mattress, LLC (“Avocado Mattress, LLC”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
By consenting to Avocado Mattress, LLC’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Avocado Mattress, LLC through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include alerts, information, updates, and transactions (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, cart reminders, products, services, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Avocado Mattress, LLC. Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Service at any time. Text the single keyword command STOP to +18667573181 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Avocado Mattress, LLC mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.
For Service support or assistance, text HELP to +18667573181 or email support@avocadomattress.com.
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Policy.
Affirm® Lending Disclosure
An Affirm® lending disclosure is available at https://www.affirm.com/how-it-
Return/Refund Policy
Avocado’s return and refund policy applies only to Products purchased and located within the continental United States. Logically, items not paid for as part of a promotion or "buy-one-get-one-free" special offer are not eligible for refunds or sleep trial exchanges. If you want to return any Products purchased and located within the continental United States within the trial period after your receipt, please follow the process for each product category:
1) Mattresses, Toppers & Foundations: a) Try the Mattress, Mattress Topper, and Foundation for at least 30 days from the receipt of the mattress. b) Not Satisfied? Contact us at: support@avocadomattress.com before the conclusion of the respective 100-night or 1-year sleep trial period to obtain a Return Authorization and arrange a return. For any non-mattress product, Avocado is not responsible for any costs incurred from repackaging and cannot reimburse customers for a replacement box or packaging services. c) Once the donation has been completed, we ask that you send us verifying information, which your Sustainability Expert will go over with you. As soon as that information is received, we will get your refund issued within 72 business hours (please note: shipping fees are nonrefundable). Refunds are paid AFTER the mattress is RECEIVED in good condition by Avocado Mattress for recycling or charitable donation. This is to eliminate the gray market for returned mattresses on eBay, Craigslist, etc. The funds can only be returned to the original form of payment. Returns incur a $99 fee per mattress. d) Exclusions: a. If the mattress, mattress topper, or foundation was purchased from a third-party source, such as Amazon or Groupon, returns are different and subject to each respective retailer’s policy. As such, the 1-year trial on the purchase does not apply. b. If a mattress, mattress topper, or foundation is purchased by international customers outside the continental US, customers are responsible for the shipping costs associated with the mattress return. c. Limited to one of each particular product, once per household, on the original order only. Exceptions: two Twin XL size mattresses (ONLY when used to make a single Split King for use on a single adjustable base) — two of which may be returned from a single order since they are bought in pairs. We define this household-wide policy by your customer name, or shipping address, billing method/account, or billing address. d. Mattresses and toppers must be in a condition suitable for donation to be eligible for return (i.e., no stains, tears, excessive odors, or soiling) with the law tag attached to the mattress and in its original, unaltered state. e. Mattresses must be opened within 30 days of receipt.
2) Mattress Pad Protectors, Pillows & Bedding: a) Mattress Pad Protectors, Pillows, and Bedding are covered by a 100-day return policy. b) Refunds are paid AFTER the product is RECEIVED in good condition by Avocado Mattress for recycling or charitable donation. The funds can only be returned to the original form of payment. c) Contact us at: support@avocadomattress.com within 100 days of receipt of the product to obtain a Return Authorization and arrange a return. We will provide a pre-paid shipping label. Products returned without an approved Return Authorization will not be refunded. Avocado is not responsible for any costs incurred from repackaging and cannot reimburse customers for a replacement box or packaging services. d) Exclusions: a. If the mattress pad protectors, pillows, or sheets were purchased from a third-party source, such as Amazon or Groupon, returns are different and subject to each respective retailer’s policy. As such, the 100-day trial on the purchase does not apply. b. If mattress pad protectors, pillows, or sheets are purchased by international customers outside the continental US, customers are responsible for the shipping costs associated with the product return c. Limited to one of each particular product, once per household, on the original order only. Exceptions: two Green Pillows, two Latex Pillows, two Waterproof protectors (only when purchased within a single bundle set order), and two Twin XL size mattresses (only used to make a Split King for use on an adjustable base), for which two may be returned from a single order since they are often bought in pairs. We define this household-wide policy by your customer name, or shipping address, billing method/account or billing address. The only exception is pillows, for which two may be returned from a single order since they are often bought in pairs.
3) Crib Mattresses: a) Our Luxury Crib Mattress is covered by a 100-day return policy; our standard and Eco Crib Mattress is covered by a 30-day return policy. b) Refunds are paid AFTER the product is RECEIVED in good condition by Avocado Mattress for recycling or charitable donation. This is to eliminate the gray market for returned mattresses on eBay, Craigslist, etc. The funds can only be returned to the original form of payment. c) Contact us at: support@avocadomattress.com within 100 days of receipt of the product to obtain a Return Authorization and arrange a return. Avocado will pay for return shipping. Avocado is not responsible for any costs incurred from repackaging and cannot reimburse customers for a replacement box or packaging services. Products returned without an approved Return Authorization will not be refunded. d) Exclusions: a. If the mattress was purchased from a third-party source, such as Amazon or Groupon, returns are different and subject to each respective retailer’s policy. As such, the 100-day trial on the purchase does not apply. b. If crib mattress is purchased by international customers outside the continental US, customers are responsible for the shipping costs associated with the mattress return. c. Limited to one of each particular product, once per household, on the original order only. Exceptions: Green Pillows, Latex Pillows, and Twin XL size mattresses (used to make a Split King for use on an adjustable base), for which two may be returned from a single order since they are often bought in pairs.) We define this household-wide policy by your customer name, shipping address, or billing method/account or billing address. d. Crib Mattresses must be in a condition suitable for donation to be eligible for return (i.e., no stains, tears, excessive odors, or soiling) with the law tag attached to the crib mattress and in its original, unaltered state.
4) Furniture & Adjustable Bases: Trial policies do not apply to furniture or adjustable bases. Furniture and adjustable bases are non-refundable.
5) Apparel, Robes & Sleepwear: a) Our Apparel, Robes & Sleepwear products are covered by a 30-day return policy. b) Refunds are paid AFTER the product is RECEIVED in new condition by Avocado Mattress. The funds can only be returned to the original form of payment. c) Contact us at: support@avocadomattress.com or initiate a return on our website within 30 days of purchase to obtain a Return Authorization and arrange a return. The customer will pay a $10 fee to offset shipping and restocking. Avocado is not responsible for any costs incurred from repackaging and cannot reimburse customers for a replacement box or packaging services. Products returned without an approved Return Authorization will not be refunded. d) Returned clothing must be unworn, unwashed, and have original tags intact to qualify for a return.
6) Clean Beauty: a) Our Clean Beauty products are covered by a 30-day return policy. b) Refunds are paid AFTER the product is RECEIVED by Avocado Mattress. The funds can only be returned to the original form of payment. c) Contact us at: support@avocadomattress.com or initiate a return on our website within 30 days of purchase to obtain a Return Authorization and arrange a return. Avocado is not responsible for any costs incurred from repackaging and cannot reimburse customers for a replacement box or packaging services. Products returned without an approved Return Authorization will not be refunded. When possible, returned items are donated to Empowering Through Beauty, a nonprofit beauty empowerment platform focused on providing mental health services and support for marginalized communities, including women and girls, victims of human trafficking, domestic violence victims, and formerly incarcerated individuals. d) Returned items must be in new or gently-used condition to qualify for our 30-day return policy.
7) In-Home Delivery & Setup services are nonrefundable.
8) Affirm®: If you finance your mattress via Affirm, you’ll receive a full refund, less any applicable financing fees paid to date directly via Affirm.
Order Cancellation Policy
1) For Orders Cancelled Mid-Shipment: You may cancel any order at any time prior to your order being shipped, and you will receive a complete refund. Once shipped, you are responsible for a 15% cancellation fee. This cancellation fee covers round-trip shipping costs incurred by Avocado due to the order being canceled mid-shipment.
2) For Orders "Returned to Sender": For orders that are received by our shipping partner, and "returned to sender" — for any subjective reason other than damaged in transit — are responsible for a 15% cancellation fee. This fee covers round-trip shipping costs incurred by Avocado due to the order being returned to the sender without documented authorization. Once shipped, however, any order canceled without authorization by Avocado is responsible for a 15% cancellation fee. This cancellation fee covers round-trip shipping costs incurred by Avocado due to the order being canceled mid-shipment.
3) For Mattress & Topper Orders Covered by Our Sleep Trial Policy: For all mattress and topper orders that are returned before the minimum requirements of our Sleep Trial Policy are fulfilled (which require a 30-day minimum) are responsible for a 15% early return fee.
Coupon & Promotional Code Policy
Coupons (and discount codes) must be used at the time of the original purchase, only at the time of check-out, and can not be retroactively applied or switched if a different coupon was selected. Coupons are not transferable and may not be reproduced, purchased, traded, or sold. We reserve the right to reject orders that use a coupon code that was obtained from a bulletin board or other Internet site or are in violation of any restriction.
Links to Third-Party Sites/Third-party Services
Avocadogreenmattress.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Avocado Mattress LLC; therefore, Avocado Mattress is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site or any changes or updates to a Linked Site. Avocado Mattress is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Avocado Mattress of the site or any association with its operators. Certain services made available via avocadogreenmattress.com are delivered by third-party sites and organizations. By using any product, service, or functionality originating from the avocadogreenmattress.com domain, you hereby acknowledge and consent that Avocado Mattress may share such information and data with any third party with whom Avocado Mattress has a contractual relationship to provide the requested product, service, or functionality on behalf of avocadogreenmattress.com users and customers.
Colors and Textures
Avocado Mattress attempts to ensure that the display of the colors and textures of our products that appear on the Website is as accurate as reasonably possible. However, as the actual colors and textures you see will depend on your monitor and printer, we cannot guarantee that your monitor’s display of any color will be 100% accurate.
Avocado Green Pillows
Avocado Green Pillows are filled with natural kapok fiber and shredded natural Dunlop latex. These pillows are manufactured in a facility that also produces pillows produced with polyurethane foam and, as a result, may contain a trace amount of polyurethane foam.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use avocadogreenmattress.com strictly in accordance with these Terms. As a condition of your use of the Site, you warrant to Avocado Mattress that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Avocado Mattress or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Avocado Mattress content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Avocado Mattress and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Avocado Mattress or our licensors except as expressly authorized by these Terms.
Copyright Policy
Avocado Mattress respects the intellectual property rights of others and expects users of the Service to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide our copyright agent with the following information in accordance with the Digital Millennium Copyright Act: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you 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 (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. Our designated copyright agent for notice of alleged copyright infringement or other legal notices regarding Content appearing on the Service should be mailed to: Avocado Mattress LLC, 720 Monroe St C-405, Hoboken, NJ 07030, Attn: Copyright Agent, or emailed to copyright@avocadomattress.com. Please note that in addition to being forwarded to the person who provided the allegedly illegal Content, we may send a copy of your notice (with your personal information removed) to lumen (https://lumendatabase.org) for publication and/or annotation. A link to your published notice will be displayed on Avocado Mattress in place of the removed Content. We reserve the right to remove Content alleged to be infringing or otherwise illegal without prior notice and at our sole discretion. In appropriate circumstances, Avocado Mattress will also terminate a user’s Account if the user is determined to be a repeat infringer. You understand and agree that: (1) Avocado Mattress assumes no liability or responsibility for any third-party content or material of any kind that is submitted to or posted on the Website by you or by any other users or third parties, and (2) Avocado Mattress is merely a transmitter of any such content, and is acting solely as an Internet Service Provider as such term is defined in the Digital Millennium Copyright Act (DMCA). We will promptly address any alleged infringement. Please direct all such notifications to copyright@avocadomattress.com and insert “Re: Copyright Violation” in the subject line header of the email.
Termination or Suspension of Use
We may terminate or suspend your Account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. If you wish to terminate your Account, you may simply discontinue using the Service. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Indemnification
You agree to indemnify, defend and hold harmless Avocado Mattress LLC, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Avocado Mattress reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Avocado Mattress in asserting any available defenses.
International Users
The Service is controlled, operated, and administered by Avocado Mattress from our offices in the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Avocado Mattress content accessed through avocadogreenmattress.com in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
Limitation of Liability
You agree that Avocado Mattress, its licensees, licensors, and affiliates shall not be liable for any damages whatsoever, including but not limited to direct, indirect, incidental, special, consequential, exemplary, or punitive damages, such as damages for lost profits or loss of goodwill, use, or data (even if Avocado Mattress has been advised of the possibility of such damages), that result from (a) your use of or inability to use the Avocado Mattress website; (b) access to or alteration of your personally identifiable information or other information in an unauthorized matter; (c) representations or conduct of any third party related to the Avocado Mattress website; or (d) any other matter relating to the Avocado Mattress website. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to you. Your sole remedy for dissatisfaction with the website is to stop using the website. Our liability to you for any cause whatsoever, regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Avocado Mattress for the service, information, or product on which such cause of action is based.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. AVOCADO MATTRESS LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITE AT ANY TIME. AVOCADO MATTRESS LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. AVOCADO MATTRESS LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AVOCADO MATTRESS LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF AVOCADO MATTRESS LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
Avocado Mattress reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New Jersey and you hereby consent to the exclusive jurisdiction and venue of courts in New Jersey in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Avocado Mattress as a result of this agreement or use of the Site. Avocado Mattress LLC’s performance of this agreement is subject to existing laws and legal processes, and nothing contained in this agreement is in derogation of Avocado Mattress LLC’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Avocado Mattress with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Avocado Mattress with respect to the Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and Avocado Mattress with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Avocado Mattress reserves the right, in its sole discretion, to change the Terms under which avocadogreenmattress.com is offered. The most current version of the Terms will supersede all previous versions. Avocado Mattress encourages you to periodically review the Terms to stay informed of our updates.
Choice of Law
These Terms of Use shall be governed by and construed in accordance with the internal laws of the State of New Jersey, without regard to its principles of conflict of laws.
Dispute Resolution, Arbitration
AGREEMENT TO ARBITRATE: You and we agree to submit any dispute arising under this agreement, with the exception of disputes alleging criminal or statutory violations, to binding arbitration in accordance with the Rules of the Better Business Bureau (Binding). A volunteer BBB arbitrator will render a decision that the arbitrator considers to be fair; in doing so, the arbitrator is not required to apply legal principles. The arbitrator’s decision will be final and binding on both you and us, and judgment on the decision may be entered in any court having jurisdiction. All administrative fees for the arbitration will be paid by the business. Further information about BBB arbitration may be obtained by calling the BBB Serving New Jersey at 609-588-0808. This Agreement to Arbitrate affects important legal rights. Neither of us will be able to go to court for disputes that must be arbitrated.
Severability: Waiver
If, for any reason, a court of competent jurisdiction finds any provision (or portion thereof) of these Terms of Use to be unenforceable, the remaining provisions (or portions thereof) shall be enforced to the maximum extent permissible and shall continue in full force and effect so as to effect the intent of these Terms. No waiver or failure to exercise or enforce any right or provision of these Terms shall be deemed a further or continuing waiver of such right or provision or any other right or provision.
Entire Agreement
The above Terms constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Avocado Mattress. Any waiver of any provision of the Terms will be effective only if in writing and signed by a Member of Avocado Mattress LLC.
Contact Us
Avocado Mattress welcomes your questions or comments regarding the Terms:
Avocado Mattress LLC
80 River Street, Penthouse North
Hoboken, NJ 07030
Email Address: support@avocadomattress.com