PURPLE’S TERMS AND CONDITIONS OF USE
Last Updated November 15, 2016
1. Acceptance of Terms
Purple Innovation, LLC dba Purple (referred to as “Purple,” “us,” “our” or “we”), provides the on purple.com website (https://onpurple.com) and the Purple Blog (https://onpurple.com/blog/) (collectively referred to as the “Site”) for your use in browsing and purchasing the Purple® products described on the Site (collectively referred to as “Products”), subject to your compliance with the following Terms and Conditions of Use (“Terms”). Please take time to read these Terms carefully because by using the Site to browse, learn about and purchase any of the Products, you will be agreeing to be bound by these Terms. If you choose not to be bound by these Terms, then please exit and stop using the Site.
We reserve the right to change these Terms from time to time without prior notice to you. You can know if these Terms have been changed by referring to the date at the top of these Terms You acknowledge and agree that it is your responsibility to periodically review these Terms. Your continued use of this Site after such changes will constitute acknowledgement and acceptance of the modified Terms. You should review these Terms regularly for any changes. All questions, inquiries or notices should be directed to:
Purple Innovation, LLC dba Purple Ecommerce Compliance 123 East 200 North Alpine, Utah 84004 Telephone: (801) 756-2600
Purple is making this Site available solely for the purpose of enabling you to browse and purchase the Products described on this Site. We reserve the right to change the description of our Products or to discontinue offering any of our Products at any time and without notice, and to exercise this right however we determine to be necessary or appropriate. If you have a question about this Site or Products available to you for purchase on this Site, please contact Purple. By using this Site to purchase Products, you agree you will use the Products only for personal use and not for any illegal or improper purpose.
Purple reserves the right to limit the sales or quantities of sales of our Products to any person, geographic region or jurisdiction, and to exercise this right on a case-by-case basis as determined to be necessary or appropriate.
3. Eligibility for Use
This Site is not intended for and is not directed to persons less than 13 years of age. IF YOU ARE UNDER 13, PLEASE DO NOT USE THIS SITE AT ANY TIME FOR ANY PURPOSE.
4. Use of this Site
All of the content and material used in constructing this Site and that you see and hear on this Site is subject to United States and international copyright, trade dress, trademark and/or other intellectual property laws and rights held by Purple. Use of any content or material on this Site that is not authorized in writing by Purple is strictly prohibited and may subject you to liability.
For purposes of these Terms, “content and material” is defined as any information, communications, software, published works, photos, video, graphics, music, sounds, or other material that can be viewed or heard by users on our Site and is owned by Purple. You are granted the limited permission to use this Site only as stated in these Terms.
This Site is being made available solely for your personal use only for browsing and purchasing our Products and communicating with us. You may NOT use this Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, disability, or gender; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of this Site or of any related website, other websites, or the Internet; (h) to collect or track the personal identification information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of this Site or any related website, other websites, or the Internet. You may NOT resell or make commercial use of this Site, any of its content or any of the Products. You may NOT modify, adapt, translate or convert into another form any portion of this Site. You may NOT copy, reproduce, download, display, perform, transfer, transmit or publish any of the content of this Site by any means or in any form, other than for your own personal use. You may NOT access this Site from any jurisdiction where doing so would be illegal. You agree to use this Site only for its intended purpose and in a manner that is authorized. Without intending any limitation of the above prohibitions, you agree to comply with all laws pertaining to privacy, data collection and protection, intellectual property, contract and other applicable laws, including but not limited to those laws in the jurisdiction in which you reside or from which you use this Site, and you agree not to transmit any worms, viruses or any code of a destructive nature. We reserve the right to terminate your authorization to use this Site should you violate any of the prohibited uses.
If you know of, or suspect, copyright or trademark infringement or other unauthorized or improper use of the contents of this Site by others, including but not limited to uses for commercial purposes, please notify Purple.
5. Payment and Shipping
The prices for the Products are displayed on the Site, and Purple will take reasonable efforts to make sure those prices are accurate. However, the prices displayed to you are subject to change at any time. Also, the displayed prices do not include taxes. Any change in prices and any sales tax will be communicated to you before you complete your order. All transactions will be in US dollars. The Products you order will be shipped to the address you state during the check-out process. There will be no undisclosed additional charge for shipping.
You agree to provide current, complete and accurate information for all purchases made using this Site. If incorrect, you agree to promptly update your information, including without limitation your email address, billing address, telephone number, and credit card number and expiration date, so that we can complete your transactions and contact you as needed.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, cancel orders that, in our judgment, appear to be placed by dealers, resellers or distributors for resale rather than for personal use. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer, billing or shipping addresses, or credit card. In the event that we make a change to or cancel an order, we may attempt to notify you using the e-mail address and/or billing address/phone number provided at the time the order was made.
For details about returns, please review the Purple Return/Exchange and Refund Policies which by this reference is incorporated into these Terms. You are encouraged to carefully read the Purple Return/Exchange and Refund Policies as part of these Terms.
6. Refund and Warranty
The Purple Warranty sets forth Purple’s refund and warranty policies, and by this reference The Purple Warranty is incorporated into these Terms, and there is no guarantee or warranty that is not provided therein. You are encouraged to carefully read The Purple Warranty as part of these Terms.
The Purple Warranty is applicable only for purchases made from the United States for Products shipped to a location for use inside the United States. For any purchases allowed from other locations or for shipments and use outside the United States, The Purple Warranty shall not apply, except as otherwise expressly stated in writing by Purple and which policies may be modified or voided in Purple’s discretion.
Also, by your Submissions, you represent and warrant that the content is your own original content and that no other person has any rights thereto. You agree that your Submissions will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Submissions will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of this Site or any related website. You may not use false personal identification information, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of your Submissions. You are solely responsible for the Submissions you make and their complete accuracy. We take no responsibility and assume no liability for any Submissions you make to us. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or in violation of any third-party’s intellectual property rights or these Terms.
9. Digital Millennium Copyright Act
Purple has not taken and will not take content from you or any third party unless it has been assigned to Purple in accordance with these Terms. However, if you are a copyright holder and have a good faith belief that any content or materials posted on this Site infringes your copyright, please send to us your notification of claimed infringement requesting the material to be removed or blocked. Your notice must contain the following: (a) Reasonably sufficient details about the nature of the copyrighted work in question, or, in the case of multiple alleged infringements, a representative list of such works, including title(s), author(s), any U.S. Copyright Registration number(s), URL(s) etc.; (b) Reasonably sufficient details to enable us to identify and locate the material that is allegedly infringing the copyright holder’s work(s) (for example, file name or URL of the page(s) that contain(s) the material); (c) Your contact information so that we can make contact with you (including for example, your address, telephone number, and email address); (d) A statement that you have a good faith belief that the use of the material identified above in “b” is not authorized by the copyright owner, its agent, or the law; (e) A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner; and (f) Your signature. Prior to sending us notice, you may wish to consult a lawyer to determine your rights and legal obligations under applicable laws. Nothing here or anywhere on this Site is intended as a substitute for qualified legal advice. You also acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may temporarily or permanently remove the identified materials from our site without liability to you or any other party.
ALTHOUGH PURPLE TAKES REASONABLE EFFORTS TO VERIFY THE CONTENT OF THIS SITE, WE DO NOT REPRESENT OR GUARANTEE THAT THE CONTENT IS ACCURATE, COMPLETE, USEFUL, TIMELY OR RELIABLE OR THAT THIS SITE WILL OPERATE WITHOUT ERROR OR DISRUPTION. THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE CONTENT OF THIS SITE AND PRODUCTS OFFERED AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS, AT ANY TIME WITHOUT NOTICE. THE CONTENT OF THIS SITE OR PRODUCTS AVAILABLE AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT OR PRODUCTS.
WE MAKE NO PROMISES AND DISCLAIM ALL LIABILITY FOR USE OF THIS SITE OUTSIDE THE UNITED STATES AND CANADA. WE ARE NOT RESPONSIBLE FOR YOUR DEALINGS WITH ANY THIRD PARTY RELATED TO YOUR USE OF THIS SITE. YOU AGREE TO RESOLVE ANY DISPUTES WITH THIRD PARTIES DIRECTLY WITH SUCH PARTIES, AND YOU AGREE NOT TO INVOLVE PURPLE IN ANY DISPUTE WITH THIRD PARTIES. YOU RELEASE PURPLE FROM ALL CLAIMS, DEMANDS AND DAMAGES RELATED TO DISPUTES BETWEEN YOU AND THIRD PARTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THIS SITE IS AT YOUR SOLE RISK, AND THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND PURPLE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO SERVICES PROVIDED ON THIS SITE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT; (B) WITHOUT LIMITING THE FOREGOING, AND SUBJECT TO THE PURPLE WARRANTY, PURPLE MAKES NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE OR OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE EFFECTIVE, ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY CONTENT OR OFFERINGS USED, OBTAINED OR PURCHASED FROM THE SITE FROM US WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS, OR (v) ANY ERRORS IN THE SITE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED FROM THIS SITE IS ACCESSED AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE THAT RESULTS FROM THE USE OF ANY SUCH MATERIAL.
11. Limitation of Liability
Your exclusive remedy and our entire liability, if any, for any claims arising out of these Terms and your use of this Site shall be limited to the amount you paid us for Products purchased on the Site.
IN NO EVENT SHALL PURPLE OR ANY LICENSOR OF PURPLE, OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SUPPLIERS, OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR INABILITY TO USE THIS SITE. FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY PROMISES
REGARDING OUR PRODUCTS OR THE CONTENT OF THIS SITE. IF YOU ARE DISSATISFIED WITH THIS SITE, ANY CONTENT ON THIS SITE, OR THESE TERMS, YOUR SOLE REMEDY IS TO STOP USING THE SITE.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.
You agree to defend, indemnify, and hold Purple (and its directors, officers, employees, affiliates, agents, contractors, suppliers, service providers or licensors) harmless from all liabilities, claims, and expenses, including attorneys’ fees that may arise from your use or misuse of this Site, your breach of these Terms or your violation of any law or the rights of a third-party. We will provide notice to you promptly of any such claim, suit, or proceeding. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
12. Miscellaneous Provisions
International Use. Although this Site may be accessible worldwide, we make no representation that Products available on this Site are appropriate or available for use in locations outside the United States. Those who choose to access this Site from outside the United States do so on their own initiative and at their own risk. If you choose to access this Site and to purchase Products, you are responsible for compliance with local laws in your jurisdiction, including but not limited to protection of personal identification information and the taxation of products purchased over the Internet. Any offer for Product made in connection with this Site is void where prohibited. Purple reserves the right to refuse or rescind the purchase of Products from locations outside the United States. Where a purchase outside the United States is allowed to occur, Purple reserves the right to modify or void any or all refund and warranty policies.
Governing Law. This Site is controlled by us from our offices in Alpine, Utah USA, and the statutes and laws of Utah and the United States shall be controlling, without regard to the conflicts of laws principles thereof. You agree and hereby submit to the exclusive personal jurisdiction and venue of the District Court of Salt Lake County, State of Utah or the U.S. District Court for the Central District of Utah with respect to such matters controlled by that court pertaining to the enforcement of these Terms and your relationship with Purple. You agree not to bring any proceeding against Purple in any other jurisdiction other than in Salt Lake County, State of Utah, and you agree to the transfer of any foreign proceedings to the State of Utah. Notwithstanding anything to the contrary, sales made outside the State of Utah or the United States are agreed by you to be made at your initiative and request and are not intended by Purple to be a voluntary submission to the personal jurisdiction of the courts in those locations.
Transfer of Ownership. The transfer of ownership of all Products purchased and paid for through your use of this Site occurs at the point of shipment when the Products are delivered to a shipper. This means that title to the Products legally transfers to you, and that you bear the risk of loss of the Products during shipment. Nothing herein requires you to pay shipping costs that are not clearly communicated to you at the time of purchase.
Notices. All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Ecommerce Compliance at the addresses set forth above. You agree to allow us to submit notices to you either through the email address provided, or to an address we have on record. Any notices or communication under these Terms will be deemed delivered to the party receiving such communication (1) on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, if sent by U.S. mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile; or (5) on the delivery date if transmitted by confirmed email.
Force Majeure. In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of Products available through our Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
Savings Clause. If any part of these Terms is held unlawful, void, invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the Terms, and the remaining portions shall remain in full force and effect.
No Waiver. Any failure by us to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that right or provision. Our rights and remedies under these Terms is cumulative, and the exercise of a right or recovery of a remedy shall not limit or prevent our exercise of another right or recover another remedy allowed under these Terms.
Entire Agreement. These terms and conditions constitute the entire agreement and understanding between the parties concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These Terms may NOT be altered, supplemented, or amended by your use of any other document. To the extent that anything in or associated with this Site is in conflict or inconsistent with these Terms, these Terms shall take precedence.
Last Updated November 15, 2016
Please carefully read the information below.
You acknowledge that this Policy is designed to be read in connection with the Terms and Conditions of Use, and that by accessing or using our Site, you agree to be bound by those terms and conditions, as well as this Policy.
We reserve the right to change this Policy from time to time. We will notify you about significant changes in the way we treat personal identification information by sending a notice to the primary email address, if any, you provide to use, by placing a prominent notice on our site, and by updating any privacy information on this page. Your continued use of the Site to browse or purchase Products available through this Site, or to communicate with us, after such modifications will constitute your: (a) acknowledgment of the modified Policy; and (b) your agreement to abide and be bound by that modified Policy.
If you have any questions about this Policy, please contact us. Contact information is provided in the Terms and Conditions of Use and is repeated below.
IMPORTANT: BY USING THE SITE, YOU GIVE YOUR CONSENT THAT ALL PERSONAL DATA THAT YOU SUBMIT MAY BE PROCESSED BY US IN THE MANNER AND FOR THE PURPOSES DESCRIBED BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THE SITE.
1. Types of Information We Collect
When you browse our Site, we automatically receive non-identifiable aggregate information about your computer’s internet protocol (IP) address and the type of computer and web browser you use. When you purchase Products from our Site as part of the buying and selling process, we collect the personal identification information you give us such as your name, address, email address, telephone number, and credit card payment information. We may also collect whatever types of information about you that you provide to us when you communicate with us.
2. How We Collect and Use Information
Consent: We do not collect any information about you unless you voluntarily provide it to us by visiting our Site, completing a transaction on our Site for the purchase of our Products, or communicating with us. When you use our Site and engage in a transaction, you consent to our collecting and using your information to complete the payment, deliver purchased Products, communicate with you regarding the transaction, enhance the operation of our Site, improve our internal marketing and promotional efforts, statistically analyze Site use, improve our product offerings, and customize our Site’s content, layout, and services. If you “opt-in” to receiving promotional communications from us, we may use this information to deliver newsletters, promotional offers and other useful information to you. If you change your mind after you “opt- in” you may withdraw your consent on the Site or by contacting us (see contact information below). Finally, we may use the information you provide to use to provide non-promotional notices, resolve disputes, troubleshoot problems and enforce our agreements with you, including our Site Terms and Conditions of Use, and this Policy.
Third-Party Services: We have made contractual arrangements with affiliates, service providers, partners and other third parties (“Service Providers”). Our Service Providers may need to use some of your information in order to perform tasks between our respective sites and to deliver products or services to you or to us. For example, we must release your credit card information to the card-issuing bank to confirm payment for Products purchased on the Site, release your address information to the delivery service to deliver products that you ordered, and provide order information to third parties that help us provide customer service. Other Service Partners include third parties who operate and maintain our Site and provide marketing services. In general, the Service Providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to you or us. However, certain third-party Service Providers, such as payment gateways and other payment transaction processors, have their own privacy policies governing the information we are required to provide to them for your purchase-related transactions. For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers. In particular, remember that certain providers may be located in or have facilities that are located in a different jurisdiction other than either you or us. So if you elect to proceed with a transaction, then your information may become subject to the laws of the jurisdiction(s) in which that Service Provider or its facilities are located. As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act. We will encourage our Service Providers to adopt and promote strong privacy policies. However, the use of your information by our Service Providers is governed by the respective privacy policies of those providers, and is not subject to our control. Except as otherwise discussed in this Policy, this document only addresses the use and disclosure of information we collect from you. We are not responsible for the policies or practices of third parties.
Sale of Business: If Purple or this Site is acquired or merged with another company, your information will be transferred to the new owners.
Disclosure: We will not sell, trade, or rent your information to others. However, occasionally we may be required by law enforcement or judicial authorities to provide your information to the appropriate governmental authorities. In such cases, we will disclose your information only to the extent necessary upon receipt of a court order, subpoena, or to cooperate with a law enforcement investigation. We fully cooperate with law enforcement agencies in identifying those who use our services for illegal activities. We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful. We may disclose your information as necessary if you violate our Terms and Conditions of Use or this Policy.
Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some aspects of the Site may not function properly if you elect to disable cookies.
4. Your Acknowledgment
Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personal identification information, you acknowledge that: (a) there are security and privacy limitations inherent to the Internet which are beyond our control; and (b) the security, integrity and privacy of any and all information and data exchanged between you and us through this Site cannot be guaranteed.
5. Age of Consent
You must be at least 18 years old to have our permission to use this Site to purchase Products. Our policy is that we do not knowingly collect, use or disclose information about minor visitors. If you use our Site to make a purchase, you represent that you are at least the age of majority under the laws of the jurisdiction of your place of residence or that you are the age of majority under the laws of the jurisdiction of you place of residence and you have given your consent to allow any of your minor dependents to use this Site to make a purchase. Protecting the privacy of children is especially important to us. For that reason, we never collect or maintain information about those we actually know are under 13.
6. International Users
If you use our Site from outside the United States to purchase Products you will be transferring data to us in the United States, and your use will constitute your unambiguous consent and agreement that the transfer is freely given in compliance with the laws of the country where you are accessing and using our Site. Prior to making a purchase, you may wish to consult a lawyer to determine your rights under applicable laws. Nothing here or anywhere on this Site is intended as a substitute for qualified legal advice. You have the right to not make a purchase and to stop using this Site, and to contact us to remove any personal identification information we may have received from you during your prior use of this Site.
7. Contact Information
If you would like to know what personal identification information we received from you, to correct, amend or delete that information, to register a complaint, or to simply receive more information about this Policy, please contact us at:
Purple Innovation, LLC, dba Purple Ecommerce Compliance 123 East 200 North Alpine, Utah 84004 Telephone: (801) 756-2600