Terms & Conditions

TERMS & CONDITIONS

Welcome to the NoPap Positional Pillow website, hosted by Greendale Partners, Inc. DBA NoPap Positional Pillow (“NoPap”, “we”, and “us”). Please review the following terms and conditions concerning your use of and access to the NoPap website located at www.nopap.com and any services offered therefrom (collectively referred to hereafter as the “Website”). By accessing, using, subscribing, purchasing, or downloading any goods, materials, or content from the Website, you agree to follow and be bound by the following terms and conditions (the “Terms & Conditions”) and any other terms and conditions embodied in any other agreements you enter into with us. If you do not agree with the Terms & Conditions, you may not use the Website. These Terms & Conditions, together with the Privacy Policy (Privacy Policy), explain how we operate the Website, the ways that you are permitted to use the Website, the tools available at the Website, and any support services (including online and mobile access to our software) available through use of the Website (collectively, the “Service”). THIS DOCUMENT CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, WHICH AFFECT YOUR LEGAL RIGHTS. YOU SHOULD REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ACCESSING, USING, OR BUYING ANY PRODUCT THROUGH THE WEBSITE. Important Notice: The health information provided through the Website are general and broad in nature and in scope, for informational purposes only, and are not meant to be a substitute for the advice provided by your doctor or other health care professional. Any claims made about products available via the Website have not been evaluated by the Food and Drug Administration. The information and products available via the Website are not intended to diagnose, treat, cure, or prevent diseases. The Website is not an attempt to practice medicine and your use of the Website does not create a doctor- patient relationship. For personal healthcare information and advice, and before purchasing any products to treat any health or medical conditions, please consult your physician or other professional healthcare advisor who is familiar with your personal circumstances. We do not guarantee that the products available through the Website are appropriate for every individual. Each person is different, and whether and to what extent a particular product works for one person may be significantly different from the way Any information (including personally identifiable information and payment account information) you submit to our site is governed by the Privacy Policy (Privacy Policy). The Privacy Policy encompasses any and all information you may provide to our site either for purposes of creating an account, submitting an order or inquiry, or to receive further information, updates, and promotions about or related to the Website or Service. Changes to the Terms & Conditions We reserve the right to change the Terms & Conditions at any time by posting an updated version to this web page to reflect those changes. Changes to the Terms & Conditions may arise for a variety of reasons, including without limitation, changes in market conditions affecting our business, technology or our business model, relevant laws and regulatory requirements, and our systems. You agree to periodically review the Terms & Conditions from time to time to take notice of any changes we make, as they are binding on you. Continued access or use of our site shall be deemed conclusive evidence of your acceptance of any modified terms or conditions. Accessing and Using the Website/Service Limited License to Use the Website/Service and Related Restrictions Subject to and conditional upon your compliance with the Terms & Conditions and other agreements between you and NoPap (including any payment terms), NoPap hereby grants to you a limited, reversible, non-exclusive, personal, non-sublicensable, non-transferable, non-assignable license to use certain software applications and platforms accessible through the Website/Service (collectively, “NoPap Software”). NoPap reserves all other rights in NoPap Software not expressly granted to you in the Terms. You may not use NoPap Software in any manner that could: (i) damage, disable, overburden, or impair the software application or platform (or any server or networks connected thereto) or (ii) interfere with any third party's use and/or enjoyment of the software application or platform (or any server or networks Except as expressly specified in the Terms & Conditions, you may not: (a) copy or modify the NoPap Software; (b) transfer, sublicense, lease, lend, rent, or otherwise distribute NoPap Software to any third party; or (c) use the NoPap Software in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the Terms and Conditions. You acknowledge and agree that portions of the NoPap Software, including, without limitation, the source code and the specific design and structure of individual modules or programs, constitute or contain trade secrets of NoPap and its licensors. Accordingly, you agree not to disassemble, decompile, or otherwise reverse engineer any components of the NoPap Software provided in object code or any other NoPap products or services, in whole or in part, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law By using our Website and providing us your email address, you consent to receive electronic communications from NoPap either in the form of an email sent to you at the email address provided or by communications posted on the Website. You acknowledge and agree that any electronic communication in the form of such email or posting on the Website shall satisfy any legal requirement that such communication be in writing. All NoPap product sales from the Website are governed by any terms of sale that are posted on the Website located at [www.shopify.com]. Prices and offers are subject to change. By ordering and/or accepting delivery of the products, you agree to be bound by these terms of sale. The terms of sale are subject to change without prior notice at any time, in NoPap’s sole discretion, so you should review the terms of sale each time you make a purchase. Additional information may be found in our online shopping The prices displayed on this Website are quoted in U.S. dollars and are valid and effective only within the United States, and such prices do not include shipping and handling or sales taxes, if applicable, which will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your order.Our products are personal and intimate in nature once they are opened they cannot be returned. Our products can be exchanged for a different fit product within 30 days of receipt. Custom ordered products cannot be returned or exchanged. To exchange a product within this 30 day window or return an unopened product please email us at support@nopap.com. If you purchased your product from a retail or event outlet please contact the seller if you’d like to return the product. We cannot accept returns of products purchased at retail or event outlets. You will be responsible for the shipping charges for returning any products. We will accept product returns for refund or replacement for manufacturing defects if you return a defective product to us within 90 days of your receipt of the product. If you would like to return or obtain a replacement for a product you believe is defective, please email us at support@nopap.com to receive a return authorization document to include with your return. You will be responsible for the shipping charges for returning any products. We will examine the returned product to determine, in our sole discretion, whether the product has a manufacturing defect and, within 30 days of our receipt of the returned product, we will notify you whether the product is defective. If we determine that the product is defective, we will reimburse you for reasonable shipping charges incurred in returning the product and you can choose to either receive a full refund or receive a replacement for the product, which we will ship to you at our cost. If we determine that the product is not defective, we will return the product to you but you will be responsible for the shipping charges. Additional Payment and Order Terms The amounts due and payable by you for any product that you purchase through the Website (including any applicable shipping charges and taxes) will be presented to you before you place your order. If you place an order for any products via the Website, you agree: (a) that NoPap may charge your credit card for verification, pre-authorization, and payment purposes; and (b) to bear any additional charges that your bank or other financial service provider may levy on you as well as any taxes or fees that may apply to your order. At this time, we accept the following credit cards: Visa, MasterCard, American Express, and Discover. We also accept PayPal and Google Wallet. You’ll receive a confirmation email after we confirm the payment for your order and you will be charged once your order ships. Your order is not binding on NoPap until accepted and confirmed by NoPap. We reserve the right to limit the order quantity on any product, to extend the delivery timeline for any reason after the order has been placed, and/or refuse to ship product to any customer for any reason. If you have any concerns or objections regarding charges, you agree to raise them with us first and you agree not to cancel or reject any credit card charges unless you have made a reasonable attempt at resolving NoPap reserves the right to cancel or not process your order in certain circumstances. This may occur, for example, when the product or service you wish to purchase is out of stock or has been mispriced, we suspect the request is fraudulent, or in other circumstances NoPap deems appropriate in its sole discretion. NoPap also reserves the right, in its sole discretion, to take steps to verify your identity to process your order. NoPap will either not charge you or refund the charges for orders that we cancel or do not process. Replacement of products and credits to your account for shipped merchandise claimed as not received are subject to our investigation, which may include postal-service notification. We will adjust your account at our discretion. In the event a refund is issued, it can only be issued to the original Quantity Limitations & Resale Prohibition NoPap reserves the right to limit the quantity of items purchased per person, per household, or per order. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer e-mail and/or billing address provided should such limits be applied. We also reserve the right You will have the opportunity through the Website to contact us with any questions you may have about NoPap products. Please do not send us any medical, therapeutic, or treatment questions. NoPap does not provide medical advice, and we urge you to contact your doctor or other health care professional if you feel you require medical advice or treatment. We attempt to ensure that information on the Website is complete, accurate and current. Despite our efforts, certain information on the Website may be inaccurate, incomplete, or out of date. We make no representation as to the completeness, accuracy, or currentness of any information on our site. We reserve the right to amend the Website/Service without warning. Unless otherwise agreed to by us in writing, all features, content, specifications, products, services, and, as applicable, prices of products and services described or depicted on the Website are subject to change at any time without notice. Restrictions on and Termination of Use of the Website/Service We have the right to suspend or close any account with us and block your use of our site if you have failed to comply with any part of the Terms & Conditions (as determined by us in our sole discretion). We reserve the right to refuse to provide access to the Website or to provide the Service, to any person or organization for any reason. It is your obligation to comply with all applicable state, federal, and In consideration of being allowed to use our site, you agree that the following actions shall constitute a material breach of these Terms & Conditions:  Collecting information about our site or users of the Website/Service without our written consent;  Modifying, framing, rendering (or re-rendering), mirroring, truncating, injecting, filtering, or changing any content or information contained in the Website, without our written consent.  Using any deep-link, page-scrape, robot, crawl, index, spider, click spam, macro programs, Internet agent, or other automatic device, program, algorithm or methodology which does the same things, to use, access, copy, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor the Website or any portion  Accessing or using the Website/Services for competitive purposes;  Disguising the origin of information transmitted to, from, or through the Website;  Impersonating another person or representative of an organization;  Distributing viruses or other harmful computer code;  Allowing any other person or entity to impersonate you to access or use our Website;  Using the Website/Service for any purpose in violation of local, state, national, or international  Using our Website/Service in a way that is intended to harm, or a reasonable person would understand would likely result in harm, to the user or others; and  Circumventing any measures implemented by us aimed at preventing violations of the Terms & To use the Website, you must be at least 18 years old and capable of forming legally binding contracts under applicable laws. We do not accept users who are under the age of 18. By using the Website or submitting any inquiries, orders, or information to us, you represent and affirm that you are at least 18 The Website may contain links to other websites that may be of interest to you. We are providing these links only as a convenience, and the inclusion of any link does not imply endorsement by us of the linked website, and/or the content and materials found at the linked website, except to the extent specifically stated otherwise by us. It is your responsibility to take precautions to ensure that whatever linked websites you choose to use are free of viruses or other items of an intrusive nature. We do not accept responsibility for those sites. Accessing any such links from our site to gain access to other websites is at Except where expressly stated otherwise, NoPap is the owner or the licensee of all intellectual property rights located on the Website, in the materials published, or otherwise made available on the Website and through the Service. Those works, marks or inventions are protected by copyright, patent, and trademark laws and treaties around the world and may not be modified, copied, printed, reproduced, distributed, republished, performed, downloaded, displayed, posted, transmitted and/or otherwise used in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, unless expressly permitted by us. Except where expressly provided otherwise by us, nothing on our site may be construed to confer any license or ownership right in or materials published or otherwise made available through our site or our services, whether by estoppel, implication, or otherwise. All rights not granted to you in these terms are reserved. Copyright and Trademark Infringement Notice NoPap respects the intellectual property rights of others. All users of the Website represent and warrant they shall comply with all applicable copyright and trademark laws. In the event we receive proper notification of claimed copyright or trademark infringement, the response to such notice may include removing or disabling access to material claimed to be the subject of infringing activity and possibly terminating your right to use our Website and Services. If you believe any material on our site constitutes an infringement of a copyright or trademark you own, you may file a notice of infringement to the contact identified below. A user who materially misrepresents that material is infringing will be liable for the costs incurred by us and our associated persons, including attorney fees. Accordingly, if you are uncertain whether you are or you represent the proper copyright holder or trademark holder, or if copyright and trademark laws protect the subject materials, you are strongly advised to consult a qualified attorney at your own expense. Any copyright or trademark infringement notification must be a written communication, transmitted by fax or regular mail, setting forth the following: (i) a physical or electronic signature of the copyright or trademark owner or a person authorized (ii) detailed identification of the copyrighted work or trademark 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 (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, complained of is not authorized by the copyright owner, its agent, or the law; and that you are authorized to act on behalf of the copyright owner. Copyright or Trademark Infringement Notifications should be addressed as follows: Except where provided for in a separate agreement with NoPap, no agency, partnership, joint venture, employer-employee, or franchiser-franchisee relationship is intended or created by the Terms & Conditions. Without limiting the foregoing, except as expressly set forth herein, NoPap is not acting and does not act as an agent for any user or visitor of the Website or Service. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY US, THE WEBSITE AND SERVICE ARE PROVIDED "AS IS," AND ARE FOR USE SOLELY AS CONTRACTED HEREIN. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, WE HEREBY DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS WITH REGARD TO OUR SITE AND OUR SERVICES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND QUALITY OF OUR PRODUCTS AND SERVICES EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. WE MAKE NO REPRESENTATIONS, GUARANTIES OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF THE WEBSITE OR SERVICE AND/OR MATERIALS ASSOCIATED WITH THE WEBSITE OR SERVICE, OR THE RESULTS YOU MAY OBTAIN BY ACCESSING OR USING THE WEBSITE, SERVICE, AND/OR MATERIALS WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE OPERATION OR USE OF THE WEBSITE OR SERVICE WILL BE TIMELY, SECURE, UNINTERRUPTED, OR ERROR-FREE; (B) THE QUALITY OF PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIALS YOU PURCHASE OR OBTAIN THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS; OR (C) THE PRODUCTS, SERVICES, MATERIALS, OR THE SYSTEMS THAT MAKE THE WEBSITE OR SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT WE DO NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE WEBSITE, SERVICE AND/OR MATERIALS ASSOCIATED THEREWITH MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. WE ARE NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. TO THE FULLEST EXTENT ALLOWED BY LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF NOPAP, OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS, EXCEED $500.00. IN NO EVENT SHALL NOPAP BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY AND/OR FOR LOSS OF DATA, CONTENT, IMAGES, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THESE TERMS & CONDITIONS, INCLUDING BUT NOT LIMITED TO THE ACCESSING OR USE OF, OR INABILITY TO USE, THE WEBSITE AND THE SERVICE THEREWITH INCLUDING BUT NOT LIMITED TO THE DOWNLOADING OF ANY MATERIALS, REGARDLESS OF CAUSE, WHETHER IN AN ACTION IN CONTRACT OR NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR THE THIRD PARTY PROVIDER HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION SHALL NOT APPLY IN THE EVENT OF CUSTOMER’S BREACH OR RELATED TO ITS INDEMNITY OBLIGATIONS. THIS PARAGRAPH SHALL NOT AFFECT THE RIGHTS LISTED BELOW IN THE SECTION TITLED “INDEMNIFICATION.” YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS NOPAP, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES, AND COSTS, INCLUDING, BUT NOT LIMITED TO, ALL ATTORNEYS’ FEES CHARGED TO NOPAP, RESULTING FROM ANY VIOLATION OF THE TERMS & CONDITIONS BY YOU OR ANY OTHER PERSON ACCESSING THE WEBSITE OR Shall a conflict or contradiction exist between these Terms & Conditions and any others which relate specifically to a particular section of the Website, the specific terms relevant to that section shall prevail. Any provision of the Terms & Conditions found to be unenforceable will not void nor effect other ARBITRATION AGREEMENT & CLASS ACTION WAIVER You and NoPap agree that any dispute between us (including disputes against any agent employee, subsidiary, affiliate, predecessor in interest, successor, or assign of the other) relating to the Website or Service, any transaction or relationship between us resulting from your use of the Website or Service, communications between us, or the purchase, order, or use of NoPap products, will be resolved exclusively and finally by binding arbitration and the arbitration decision may be enforced and judgment entered thereon in any court of competent jurisdiction. You and NoPap agree that this arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act (“FAA”), and not by any state law concerning arbitration. You and NoPap further agree that any determination regarding the applicability, enforceability, or validity of this arbitration agreement will be made by the arbitrator, not by any court. BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL. In arbitration, a dispute is resolved by a neutral arbitrator or panel of arbitrators, rather than by a judge or jury. Although an arbitration is more informal, an arbitrator can award the same relief that a court can award. The arbitration will be administered by the American Arbitration Association (“AAA”), and conducted under AAA’s Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”) then in effect at the time of the dispute. You may obtain copies of the AAA Rules and forms and instructions for initiating an arbitration by visiting the AAA website at www.adr.org, or by calling AAA at (800) 788-7879. If you initiate an arbitration with AAA, NoPap will promptly reimburse you for any standard filing fee which may have been required by AAA once you have notified NoPap in writing and provided a copy of the arbitration demand. However, if NoPap is the prevailing party in the arbitration, NoPap shall be entitled to seek and recover its attorneys’ fees and costs subject to the arbitrator’s determination and applicable law. If for any reason the AAA is unavailable, the parties shall mutually There shall be no right or authority for any claim to be arbitrated on a class action basis or in a purported representative capacity. No claim submitted to arbitration is heard by a jury or may be brought as a private attorney general. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any claim submitted to arbitration. The arbitrator may not consolidate more than one person’s claims against NoPap and may not preside over any kind of representative or class proceeding against NoPap, its agents, officers, shareholders, members, employees, subsidiaries, affiliates, predecessors in interests, successors, and/or assigns. You acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is non-severable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties' agreement to arbitrate shall YOU UNDERSTAND THAT BY AGREEING TO THIS ARBITRATION AGREEMENT, WHICH CONTAINS THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST NOPAP, ITS AGENTS, OFFICERS, SHAREHOLDERS, MEMBERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS AND/OR ASSIGNS IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU DO NOT AGREE TO THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, YOU MUST TELL US IN WRITING, NOT USE OUR PRODUCT OR WEBSITE, AND RETURN ANY PRODUCTS PURSUANT TO OUR RETURN POLICY. Governing Law & Exclusive Venue Any and all claims relating to or arising out of your use of the Website, including any services offered by or transactions consummated via the Website, shall be governed by the laws of the State of California. Subject to the Arbitration Agreement and Class Action Waiver, any non-covered disputes, actions, claims or causes of action arising out of or in connection with these Terms & Conditions or the Website or Service shall be subject to the exclusive jurisdiction of, and must be brought in, the state and federal courts located in Los Angeles County, California. By using the Website or Service, you agree to the exercise of jurisdiction over you by the foregoing courts. The Terms & Conditions (together with the Privacy Policy) represent the parties’ entire understanding relating to the use of the Website and supersedes any prior or contemporaneous, conflicting, or additional communications. We reserve the right to change these Terms & Conditions or policies relating to the Website at any time and from time to time, and such changes will be effective upon being posted herein. You should visit this page from time to time to review the then current Terms & Conditions because they are binding on you. Certain provisions of these Terms & Conditions may be superseded by expressly designated legal notices or terms located on particular pages of the Website, which may be posted from time to time. Your continued use of the Website after any such changes and/or postings shall constitute your consent to such changes. If any provision of these Terms & Conditions is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force You may not assign these Terms & Conditions without the prior written approval of NoPap. Any purported assignment in violation of this section shall be void. NoPap reserves the right to use third party providers in the provision of the Website and Service. In the event of any litigation of any controversy or dispute arising out of or in connection with these Terms & Conditions, its interpretation, its performance, or the like, the prevailing party shall be awarded reasonable attorneys’ fees and expenses, court costs, and reasonable costs for expert and other witnesses attributable to the prosecution or defense of that controversy or dispute. Any and all rights not expressly granted herein are expressly Please feel free to contact us with any comments, questions, or suggestions you might have regarding the Website. You may contact us at: support@nopap.com Terms & Conditions last modified on 4-22-2016.