TERMS AND CONDITIONS
CosMed,Pillow LLC and/or its affiliates (“CosMed Comfort”) provide website features and other products and services to you when you visit or shop at CosMed Comfort.com and use the CosMed Comfort products or the CosMedComfort website, or use CosMed Comfort applications for mobile in connection with any of the foregoing (collectively, “CosMed Comfort Products”). CosMed Pillow provides the CosMed Comfort Products subject to the following conditions.
By using CosMed Comfort Products, you agree to these conditions. Please read them carefully.
Please review our Privacy Notice, which also governs your use of CosMed ComfortProducts, to understand our practices.
When you use any CosMed Comfort Products, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you in a variety of ways, such as by e-mail, text, in-app push notices, or by posting notices and messages on this site or through the other CosMed Products. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any CosMed Pillow Products, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of CosMed Pillow LLC. or its suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any CosMed Pillow Products is the exclusive property of CosMed Pillow and protected by U.S. and international copyright laws.
If you are interested in finding out more of our CosMed Pillow trademarks and patents, please contact us : firstname.lastname@example.org. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any CosMed Pillow Products are trademarks or trade dress of CosMed Pillow in the U.S. and other countries. CosMed Pillow’s trademarks and trade dress may not be used in connection with any product or service that is not CosMedPillow’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits CosMed. Pillow.All other trademarks not owned by CosMed Pillow that appear in any CosMed PillowProducts are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by CosMed.
One or more patents and/or patent applications owned by CosMed Pillow apply to the CosMed Pillow Products and to the features accessible via the CosMed Products.
Subject to your compliance with these Conditions of Use and your payment of any applicable fees, CosMed Pillow or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the CosMed Pillow websites. This license does not include any resale or commercial use of any CosMed Pillow websites, or the contents of its websites; any collection and use of any product listings, descriptions, or prices; any derivative use of any CosMed Pillow websites or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by CosMed Pillow or its licensors, suppliers, publishers, rightsholders, or other content providers. The CosMed Pillow websites, nor any part of any CosMed websites, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of CosMed. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of CosMed without express written consent. You may not use any meta tags or any other “hidden text” utilizing CosMed’s name or trademarks without the express written consent of CosMed. You may not misuse the CosMed websites. You may use the CosMed websites only as permitted by law. The licenses granted by CosMed terminate if you do not comply with these Conditions of Use or any Service Terms.
If you use any CosMed websites, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. CosMed does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the CosMed websites only with involvement of a parent or guardian. CosMed reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments and other content; submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. CosMed reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant CosMed a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant CosMed and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify CosMed for all claims resulting from content you supply. CosMed has the right but not the obligation to monitor and edit or remove any activity or content. CosMed takes no responsibility and assumes no liability for any content posted by you or any third party.
RISK OF LOSS
All items purchased from CosMed are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
CosMed does not take title to returned items until the item arrives at: CosMedPillow, 7 Rye Ridge Plaza (Suite 133), Rye Brook NY 10573 and satisfies the Returns Policy published on our website. At our discretion, a refund may be issued without requiring a return. In this situation, CosMed does not take title to the refunded item.
We will give you a 30-day money back guarantee from the date you receive your order (less shipping and handling cost). Refund will be completed within 20 days upon receiving your returned product including original package and order document. Return shipping costs are the responsibility of the customer.
Return address: CosMedPillow 7 Rye Ridge Plaza, Rye Brook NY 10573
Tel: (914) 772-1998 (M-F 9am-5 pm EST)
CosMed Pillow is as accurate as possible. If a product offered by CosMed itself is not as described, you can return the product within _10 business_ days from the date you received your order.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
The cosmed products and websites and all information, content, materials, products (including software) and other products included on or otherwise made available to you through the cosmed websites are provided on an “as is” and “as available” basis, unless otherwise specified in writing. We make no representations or warranties of any kind, express or implied, as to the operation of the websites, or the information, content, materials, products (including software) or other services included on or otherwise made available to you through the cosmed websites, unless otherwise specified in writing. You expressly agree that your use of the cosmed websites is at your sole risk.
To the full extent permissible by applicable law, cosmed disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Cosmed does not warrant that the cosmed websites, information, content, materials, products (including software) or other services included on or otherwise made available to you through the cosmed websites, cosmed ‘s servers or electronic communications sent from cosmed are free of viruses or other harmful components. Cosmed will not be liable for any damages of any kind arising from the use of any cosmed website, or from any information, content, materials, products (including software) or other services included on or otherwise made available to you through cosmed website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
Claims for CosMedComfortPillow are based on medical opinion and user experience and not on actual clinical studies. CosMedComfort Pillow is not a medical device and is not intended to diagnose, treat, mitigate or cure any disease or medical issue.
Any dispute or claim relating in any way to your use of any CosMed Pillow Product or website, or to any products sold or distributed by CosMed Pillow or through CosMedpillow.com will be resolved by binding arbitration, rather than in court. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using any CosMed websites, you agree to the laws of the state of New York, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and CosMed.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
7 Rye Ridge Plaza Suite 133
Rye Brook, NY 10573