TERMS OF SERVICE

OVERVIEW

Welcome to Stigma Sleep Co.! The terms "we," "us" and "our" refer to Stigma Sleep Co. Stigma Sleep Co. operates this store and website, including all related information, content, features, tools, products and services, to provide you, the customer, with a curated shopping experience (the "Services"). Stigma Sleep Co. is powered by Shopify, which enables us to provide the Services to you. These Terms of Service, together with any policies referenced herein (these "Terms"), describe your rights and responsibilities when you use the Services. Please read these Terms carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability. By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree, you should not use or access our Services.

SECTION 1 — ACCESS AND ACCOUNT

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, and you have given us consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage. To use the Services, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide is correct, current, and complete and that you have all rights necessary to provide it. You are solely responsible for maintaining the security of your account credentials and for all account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 — OUR PRODUCTS

We have made every effort to accurately represent our products and services. However, colors or product appearance may differ from how they appear on your screen due to your device settings and configuration. We do not warrant that the appearance or quality of any products purchased will meet your expectations or be the same as depicted. All product descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products we offer to any person, geographic region, or jurisdiction on a case-by-case basis.

SECTION 3 — ORDERS

When you place an order, you are making an offer to purchase. Stigma Sleep Co. reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until we confirm acceptance, and we must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as we may be unable to accommodate cancellation requests after an order is accepted. If we do not accept, change, or cancel an order, we will attempt to notify you using the email, billing address, and/or phone number provided. Your purchases are subject to return or exchange solely in accordance with our Refund Policy. You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 4 — PRICES AND BILLING

Prices, discounts, and promotions are subject to change without notice. The price charged will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise stated, posted prices do not include taxes, shipping, handling, customs, or import charges. Prices in our online store may differ from third-party stores. From time to time we may offer promotions governed by separate terms; if there is a conflict, the promotion terms govern. You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases, and to promptly update it so we can complete your transactions and contact you as needed. You represent and warrant that the payment information you provide is true and that you are authorized to use it.

SECTION 5 — SHIPPING AND DELIVERY

We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss pass to you.

SECTION 6 — INTELLECTUAL PROPERTY

Our Services, including all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Stigma Sleep Co., its affiliates, or licensors and are protected by U.S. and foreign intellectual property laws. These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any material on the Services without our prior written consent. Stigma Sleep Co.'s names, logos, product and service names, designs, and slogans are trademarks of Stigma Sleep Co. and may not be used without prior written permission. All rights not expressly granted are reserved.

SECTION 7 — OPTIONAL TOOLS

You may be provided access to third-party tools we neither monitor nor control. We provide access to such tools "as is" and "as available" without warranties or endorsement, and we have no liability arising from your use of them. Use of optional tools is entirely at your own risk, and you should familiarize yourself with the relevant third party's terms. New features released in the future are also subject to these Terms.

SECTION 8 — THIRD-PARTY LINKS

The Services may contain materials and links to third-party websites. We are not responsible for examining or evaluating their content or accuracy, and we are not liable for any harm related to your access of third-party sites or your purchase of third-party products or services. Please review third-party policies carefully before engaging in any transaction; complaints regarding third-party products or services should be directed to the third party.

SECTION 9 — RELATIONSHIP WITH SHOPIFY

Stigma Sleep Co. is powered by Shopify, which enables us to provide the Services to you. Any sales and purchases you make in our store are made directly with Stigma Sleep Co. By using the Services, you acknowledge that Shopify is not responsible for any aspect of any sales between you and Stigma Sleep Co., including any injury, damage, or loss resulting from purchased products and services. You expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Stigma Sleep Co.

SECTION 10 — PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy. By using the Services, you acknowledge that you have read it. Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve them. Information you submit may be transmitted to and shared with Shopify and third parties that may be located in countries other than where you reside, in order to provide services to you.

SECTION 11 — FEEDBACK

If you submit any ideas, suggestions, feedback, reviews, or proposals ("Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial use. You represent that you own or have all necessary rights to your Feedback, that you have disclosed any compensation received in connection with it, and that it complies with these Terms. We are under no obligation to keep Feedback confidential, pay compensation for it, or respond to it. We may (but need not) monitor, edit, or remove Feedback we determine to be objectionable or in violation of these Terms. Your Feedback must not violate any third-party right or contain unlawful, abusive, or obscene content, or any malware. You are solely responsible for any Feedback you make and its accuracy.

SECTION 12 — ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information in the Services containing typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any errors and to change or update information or cancel orders if any information is inaccurate at any time without prior notice, including after you have submitted your order.

SECTION 13 — PROHIBITED USES

You may access and use the Services for lawful purposes only. You may not use the Services for any unlawful or malicious purpose; to violate any laws or regulations; to infringe our or others' intellectual property rights; to harass, abuse, or harm any person; to transmit false or misleading information; to send unsolicited advertising or spam; to impersonate any person or entity; or to interfere with anyone's use of the Services. You also agree not to upload malware, exploit any portion of the Services, collect others' personal information, spam or scrape, or circumvent the security features of the Services. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine you have violated any part of these Terms.

SECTION 14 — TERMINATION

We may terminate this agreement or your access to the Services at our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination. Sections that by their nature should survive termination — including Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, and Privacy Policy — will continue to apply.

SECTION 15 — DISCLAIMER OF WARRANTIES

The information presented through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information, and any reliance you place on it is strictly at your own risk. Except as expressly stated by Stigma Sleep Co., the Services and all products offered through them are provided "as is" and "as available" without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement. We do not guarantee that your use of the Services will be uninterrupted, timely, secure, or error-free. Some jurisdictions do not allow the disclaimer of implied warranties, so the above may not apply to you.

SECTION 16 — LIMITATION OF LIABILITY

To the fullest extent provided by law, in no case shall Stigma Sleep Co., our partners, directors, officers, employees, affiliates, agents, contractors, service providers, or licensors — or those of Shopify and its affiliates — be liable for any injury, loss, or claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including lost profits, lost revenue, lost savings, loss of data, or replacement costs, whether based in contract, tort, strict liability, or otherwise, arising from your use of the Services or any products procured through them, even if advised of their possibility.

SECTION 17 — INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Stigma Sleep Co., Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorneys' fees, arising out of your breach of these Terms, your violation of any law or third-party right, or your access to and use of the Services. We may control the defense and settlement of such claims at your expense, and you will cooperate in the defense.

SECTION 18 — SEVERABILITY

If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be severed without affecting the validity of the remaining provisions.

SECTION 19 — WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver. These Terms and any policies posted by us constitute the entire agreement between you and us and govern your use of the Services, superseding any prior agreements or communications. Any ambiguities shall not be construed against the drafting party.

SECTION 20 — ASSIGNMENT

You may not delegate, transfer, or assign these Terms or any of your rights or obligations without our prior written consent, and any such attempt is null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

SECTION 21 — GOVERNING LAW

These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Rhode Island. You and Stigma Sleep Co. consent to venue and personal jurisdiction in the state and federal courts located in Rhode Island.

SECTION 22 — HEADINGS

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 23 — CHANGES TO TERMS OF SERVICE

You can review the most current version of these Terms at any time on this page. We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms by posting updates to our website. It is your responsibility to check periodically for changes. Your continued use of the Services following the posting of any changes constitutes acceptance of those changes.

SECTION 24 — CONTACT INFORMATION

Questions about these Terms should be sent to dylan@stigmasleep.com. Trade name: Stigma Sleep Co. Location: Narragansett, RI 02882, United States. Email: dylan@stigmasleep.com.