Terms of service

Effective as of December 23, 2020

General Information Regarding These Terms of Use

These terms and conditions (the “Terms”) apply to the website located at www.naturalform.com and all associated sites (collectively, the “Site”) operated by Natural Form®. (“Natural Form”, “we”, or “us”). The use of the Site, including the purchase of any Products (as defined below), is subject to the Terms. Please read these Terms carefully. By using this Site, you agree to these Terms as well as any other terms, guidelines or rules that apply to any portion of this Site, without limitation or qualification. If you do not agree to these Terms, then you must exit the Site immediately and discontinue any use of the information or products obtainable or accessible through the Site. If you have any questions about the Terms, please contact us at support@naturalform.com.

These Terms provide that all disputes between you and Natural Form relating to these Terms or your use of the Site or Products will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under these Terms, except for matters that may be taken to small-claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims cannot be brought as a class action. Please review Section XVII (Dispute resolution) for the details regarding your agreement to arbitrate any disputes with Natural Form.

We provide the Site in order to enable you to browse and purchase Natural Form mattresses (“Mattresses”), bed frames (“Bed Frames”), pillows (“Pillows”), sheets (“Sheets”), and other products (collectively, the “Products”).

1. Privacy

We have adopted a Privacy Policy that you should refer to in order to fully understand how we collect and use your information. The Privacy Policy is hereby incorporated into these Terms by reference.

2. Click-Wrap

YOU ACKNOWLEDGE AND AGREE THAT THIS AGREEMENT CONSTITUTES A LAWFUL AND VALID “CLICK-WRAP” AGREEMENT which means that, prior to allowing you to submit an order, the Website presents you with a message on your computer screen requiring that you affirmatively manifest your assent to the terms of this Agreement by clicking on an icon. Specifically, the Website clearly and conspicuously provides a link to this Agreement and, thereafter, requires you to click a box wherein you indicated that you have read, understood and agree to be bound by this Agreement. The Website does not allow you to proceed through the order process or submit an order unless you affirmatively manifest your assent to the terms of this Agreement by clicking in the box. By clicking the box and submitting your order, you complete the foregoing “Click-Wrap” steps.

3. Electronic Communication

When you visit the Site, or send us e-mails, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.

If you choose to receive marketing text messages from us, either via our Site or by sending a text message indicating your consent, you consent to receive marketing or promotional SMS text messages from us sent through an automatic system. You can opt out of receiving any further text messages by replying “STOP”. For help, reply “HELP” to any text message.

If you change or deactivate the phone number you provided, you agree to update your phone number to prevent us from inadvertently communicating with anyone who acquires any phone number previously attributed to you.

4. Eligibility

No part of the Site is directed to persons under the age of 16. IF YOU ARE UNDER 16 YEARS OF AGE, DO NOT USE OR ACCESS THIS SITE.

If you are using the Site on behalf of a company, entity, or organization (collectively “Organization”), then you represent and warrant that you (a) are an authorized representative of that Organization; (b) have the authority to bind that Organization to these Terms; and (c) agree to be bound by these Terms on behalf of that Organization.

5. Copyright

Unless otherwise noted, all content included on this Site, including images, illustrations, designs, icons, photographs, video clips and written and other materials (together, “Natural Form Content”) is the property of Natural Form or its licensors, partners or affiliates and is protected by United States and international copyright laws. The compilation of this Site is the exclusive property of Natural Form and is protected by United States and international intellectual property laws. Any unauthorized use of any Natural Form Content on this Site is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes. You may use the materials or content on this Site only with our prior written and express authorization. To inquire about obtaining authorization to use the materials or content on this Site, please contact us at support@naturalform.com.

6. Trademarks

All trademarks, service marks, and trade names (collectively the “Marks”) that appear on this Site are proprietary to Natural Form, or the other respective owners of such Marks. You may not display or reproduce the Marks in any manner without the prior written consent of Natural Form, and you may not remove or otherwise modify in any manner any trademark notices from any content offered or received through the Site.

7. Use of Website

We grant you a limited license to use the Site for personal use only. Consequently, this grant does not allow you to do any of the following: (a) resell or make any commercial use of this Site or any of the contents of this 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 so read. Including using or directly viewing the underlying HTML or other code from this Site except as interpreted and displayed in a web browser; (c) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of the contents of this Site (including any Marks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; or (d) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the contents of the Site or to collect any information from the Site or any other user of the Site.

8. Payments and Shipping

Prices. The price for Products available for purchase through the Site will be displayed to you on the Site. The prices displayed do not include taxes. Prices for the Products may be displayed in US dollars or in local currency, depending on the location from which you purchase the Products. Any applicable taxes will be communicated to you before you place an order. There is no charge for shipping of Products unless otherwise indicated. Additional shipping fees apply for Hawaii, Alaska, the Northwest Territories, Yukon and Nunavut, unless otherwise indicated.

Payments. The Site currently uses third parties to process payments. Our third-party payment processors accept payments through various credit cards, including Visa, MasterCard, American Express and Discover, as detailed on the applicable payment screen. You may also finance your purchase of Products through Affirm (in the United States) as detailed on the payment screen.

In-home setup. For in-home setup and mattress removal, a customer or adult must be present at the scheduled time and delivery address. If no adult is present at the time of delivery, Natural Form reserves the right to leave the package with a secure receiving authority (e.g., concierge, building package center, or doorman). All mattresses removed using Natural Form’s in-home setup must be in sanitary condition. in-home setup fees are final and will not be refunded in the event you return any of the Products.

9. Non-Refundable Products, Refunds, Returns & Pre-Shipment Cancellation

Non-Refundable Products. ADJUSTABLE BED FRAMES, FOUNDATIONS, CUSTOM MATTRESSES, DUVETS & SHEETS ARE ALL NON-REFUNDABLE OR RETURNABLE PRODUCTS.

Returns. Subject to the exceptions set forth below, you may return your mattress within the applicable Product’s trial period (each, a “Trial Period”) after your receipt of that particular Mattress, provided that the Mattress is located in the United States (not including US territories) or Canada, and subject to the conditions described below. You can find a summary of our Trial Periods policy here. Refunds will be issued in the form of the original payment. If you purchased the Mattress using a promo code or gift code, the dollar value of any promo code will not be refunded or credited back if any or all of the merchandise is returned. Please note that we do not refund any shipping costs or fees.

Return Procedure. Return shipping is free, provided that the Mattress being returned is located in the United States (not including US territories) or Canada. Refunds will be issued in the form of the original payment. Please follow the instructions below to return your Product.

Mattress: If you want to return your Mattress within the applicable Product’s Trial Period after your receipt, please e-mail Natural Form at support@naturalform.com to arrange a return pick-up.

Return Conditions. The following conditions also apply to Product returns:

Products must be in donatable condition to be eligible for return (e.g., no stains, tears or other soiling including odors).
Products may not be returned from outside the United States or Canada.
Customers may return a maximum of two (2) of each particular Product per initial order, validated by a customer name or shipping address.
If at least one of a particular Product type is returned from an initial order, that customer or shipping address will not be eligible for additional Trial Periods on subsequent orders of that particular Product (e.g. if you return a Pillow, you will not be eligible for the applicable Trial Period on future Pillow orders).

Refund Amount – Natural Form Bundle. If you purchase a Natural Form Bundle (which includes a Mattress, Sheets and two Pillows) (the “bundle”) and return the entire bundle, you will be refunded the entire amount paid for such bundle less any promo code or other discount.

If you return one or more items from the bundle, and the discount that you received on the bundle is greater than the retail price(s) of the item(s) you wish to return, then you will not receive a refund. If the discount that you received on the bundle is less than the retail price(s) of the item(s) you wish to return, you will be refunded the retail price(s) of the item(s) you wish to return less the discounted amount.

Title. Risk of loss and title for Products purchased from Natural Form pass to you upon delivery of such Products (by Natural Form or our manufacturer) to the carrier. You are responsible for filing any claims with carriers for damaged or lost shipments.

Cancellations. You may cancel your order at any time prior to shipment of the purchased Products without penalty by contacting Natural Form via email at support@naturalform.com with the Subject Heading “Order Cancellation.” Any order that has already been shipped may not be cancelled in this manner and is subject to the posted Natural Form Return/Exchange and Refund Policy.

10. Referral Program: Gifts & Promo Codes

From time to time, Natural Form may offer qualified consumers “gift codes” or “promo codes” through a variety of promotional activities and communications (collectively referred to herein as “promo codes”) that are redeemable towards a purchase on naturalform.com, while supplies last, and subject to certain merchandise exclusions or any other restrictions as may be determined and communicated by Natural Form in its sole discretion. Only valid promo codes provided or promoted by Natural Form will be honored at checkout. Codes supplied or promoted by third parties unauthorized by Natural Form (including any unauthorized third-party websites) will not be considered valid. Each promo code promoted by Natural Form is non-transferable and valid for single use on an item (or items) of merchandise as determined by Natural Form. Promo codes may not be combined, are valid only on full-priced items unless stated otherwise, may not be used on any items that are marked as “Final Sale” unless stated otherwise, and may not be used in conjunction with the Natural Form Referral Program – customers are limited to the use of a single promo code per order. Promo codes cannot be used toward purchase of non-branded merchandise, packaging or applicable taxes. For online purchases, the code must be entered in the ‘promo code’ field at checkout. Promo codes are not valid for use by customers that elect to finance their purchase through Affirm. Natural Form is not responsible for lost, stolen or corrupted codes or any unauthorized use of codes. Promo codes cannot be redeemed for cash or any cash equivalent; no substitutions or credits allowed. The dollar value of any promo code will not be refunded or credited back if any or all of the merchandise is returned. If an promo code provides for free or discounted item(s) with a qualifying purchase, the full retail value of the free or discounted item(s)
will be deducted from any refunded amounts if the free or discounted item(s) are not returned with the qualifying product. Expiration dates may apply to each promo code. Promo codes are void if copied, transferred, sold, exchanged or expired, and where prohibited. Requests not complying with all promo code requirements will not be honored.

Spokespeople. From time to time, Natural Form may also engage spokespeople, influencers, bloggers, or other individuals or entities who have been compensated or incentivized to speak on behalf of the brand. When you receive an promo code via a third-party source, such as a television or radio show host, please note that such individuals may have been compensated by Natural Form for their statements.

Referral Program. Natural Form offers brand advocates the opportunity to refer friends to participate in the Natural Form Referral Program. For the terms and conditions of the Natural Form Referral Program, which are incorporated by reference into these Terms, please see Referral Terms. Promo codes may not be used in conjunction with the Natural Form Referral Program.

11. Warranty

The Natural Form Warranty sets forth Natural Form’s warranties for each Product, and by this reference The Natural Form Warranty is incorporated herein. There is no guarantee or warranty that is not provided therein. You are required to carefully read The Natural Form Warranty prior to transacting any business with Natural Form as part of this Agreement.

12. Content you submit to Natural Form (Reviews, comments, photos etc..)

Natural Form may allow you to post reviews, comments, photos, or similar materials on the Site (collectively, “Reviews”). We welcome your comments regarding our Products and services, including our Site. However, any Reviews you submit to Natural Form must not harass, slander, malign, libel, defame, threaten, or otherwise violate any rights of any third-parties and must not include any profanity, obscene, indecent, pornographic, defamatory or unlawful material.

By posting a Review on the Site, you hereby grant Natural Form an unrestricted, assignable, sublicensable, perpetual, royalty-free, fully paid-up license throughout the world to reproduce, distribute, publicly display, transmit, communicate to the public, publicly perform on a through-to-the-audience basis, create derivative works from, and otherwise use and exploit (collectively, “Use”) all Reviews you post to the Site, for any purpose, including promoting and marketing Natural Form and the Products. You further grant Natural Form a royalty-free license to Use the name, image, and likeness of any person identifiable in any Review you post to the Site. By posting a Review, you waive any and all rights of publicity, privacy or any other rights of a similar nature, in addition to any moral rights you may have in your Review. Except for materials provided to you by Natural Form through the Site, you represent, warrant, and covenant that (i) you either are the sole and exclusive owner of Reviews that you post to the Site, or you have all rights, licenses, consents, and releases that are necessary to grant to Natural Form the rights in your Reviews as contemplated under the Terms, and (ii) the Reviews you post to the Site do not (A) infringe, misappropriate or violate the rights of any party or entity, including a third-party’s patent, copyright, trademark, trade secret, moral rights, rights of publicity, rights of privacy or other intellectual property or proprietary rights, (B) constitute or result in defamation, libel, slander, or the violation of any applicable law or regulation (including, without limitation, restrictions on obscenity, child pornography, wiretap laws or other similar restrictions on nonconsensual recording, or otherwise), or (C) require Natural Form to obtain any licenses from or make any payments in any amounts to any third-party throughout the world.

No Objectionable Content. You agree not to submit Reviews that: (1) are or could be interpreted to be infringing, defamatory, libelous, inaccurate, unlawful, harmful, threatening, abusive, harassing, vulgar, offensive, obscene, pornographic, objectionable, hateful, or promotes discrimination, bigotry, racism, or hatred, as determined by Natural Form in its sole discretion; or (2) introduce viruses, time-bombs, worms, cancel bots, Trojan Horses and/or other harmful or malicious code.

Monitoring. Natural Form has no obligation to monitor this Site or any portion thereof. However, we reserve the right to review any Reviews and remove, delete, redact or otherwise modify such Reviews, in our sole discretion, at any time and from time to time, without notice or further obligation to you. Natural Form has no obligation to display or post any Reviews. Natural Form, subject to our Privacy Policy, reserves the right to disclose, at any time and from time to time, any information or posted content that it deems necessary or appropriate, including without limitation to satisfy any applicable, law, regulation, contractual obligation, legal, dispute process, or governmental request.

13. Digital Millennium Copyright Act

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Site infringe your copyright, you (or your agent) may send Natural Form a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked.

The notice must include the following information:

A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works);
Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Natural Form to locate the material on the Site;
Your name, address, telephone number, and e-mail address (if available);
A statement 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;
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Natural Form a counter-notice.

Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/for details. Notices and counter-notices with respect to the Site should be sent to 450 Natural Form Way, Manchester Center, VT 05255 or support@naturalform.com.

14. Disclaimer

ALTHOUGH NATURAL FORM TAKES REASONABLE EFFORTS TO VERIFY THE CONTENT OF THIS WEBSITE, WE DO NOT REPRESENT OR GUARANTEE THAT THE CONTENT IS ACCURATE, COMPLETE, USEFUL, TIMELY OR RELIABLE OR THAT THIS WEBSITE WILL OPERATE WITHOUT ERROR OR DISRUPTION. THIS WEBSITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE CONTENT OF THIS WEBSITE AND PRODUCTS OFFERED AT THIS WEBSITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS, AT ANY TIME WITHOUT NOTICE. THE CONTENT OF THIS WEBSITE OR PRODUCTS AVAILABLE AT THIS WEBSITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT OR PRODUCTS.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK, AND THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS ONLY, AND NATURAL FORM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO SERVICES PROVIDED ON THIS WEBSITE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) WITHOUT LIMITING THE FOREGOING, AND SUBJECT TO THE NATURAL FORM WARRANTY, NATURAL FORM MAKES NO WARRANTY THAT (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (ii) THE WEBSITE OR OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR VIRUS OR MALWARE FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE EFFECTIVE, ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY CONTENT OBTAINED FROM THE WEBSITE WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS, OR (v) ANY ERRORS IN THE WEBSITE 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. WE ARE NOT RESPONSIBLE FOR YOUR DEALINGS WITH ANY THIRD PARTY RELATED TO YOUR USE OF THIS WEBSITE. YOU AGREE TO RESOLVE ANY DISPUTES WITH THIRD PARTIES DIRECTLY WITH SUCH PARTIES, AND YOU AGREE NOT TO INVOLVE NATURAL FORM IN ANY DISPUTE WITH THIRD PARTIES. YOU RELEASE NATURAL FORM FROM ALL CLAIMS, DEMANDS AND DAMAGES RELATED TO DISPUTES BETWEEN YOU AND THIRD PARTIES. WE MAKE NO PROMISES AND DISCLAIM ALL LIABILITY FOR USE OF THIS WEBSITE OUTSIDE THE UNITED STATES AND CANADA.

15. Limitation of Liability

YOUR EXCLUSIVE REMEDY AND OUR ENTIRE LIABILITY, IF ANY, FOR ANY CLAIMS ARISING OUT OF THIS AGREEMENT, YOUR USE OF THIS WEBSITE, AND YOUR PURCHASE AND USE OF ANY PRODUCT SHALL BE LIMITED TO THE AMOUNT YOU PAID US FOR PRODUCTS PURCHASED THROUGH THIS WEBSITE.

IN NO EVENT SHALL NATURAL FORM OR ANY LICENSOR OF NATURAL FORM, 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 BODILY HARM, PERSONAL INJURY, 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 WEBSITE OR INABILITY TO USE THIS WEBSITE, AND/OR THE PURCHASE AND/OR USE OF ANY PRODUCT. FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY PROMISES. IF YOU ARE DISSATISFIED WITH THIS WEBSITE, ANY CONTENT ON THIS WEBSITE, OR THESE TERMS, YOUR SOLE REMEDY AND EXPRESS OBLIGATION IS TO STOP USING THE WEBSITE. DO NOT MAKE ANY PURCHASES FROM THE WEBSITE. IN THE EVENT YOU FAIL TO STOP USING THE WEBSITE AND CLAIM SOME INJURY AS THE RESULT, YOU AGREE TO INDEMNIFY AND HOLD NATURAL FORM HARMLESS FROM ANY AND ALL LOSSES OR DAMAGE, INCLUDING ATTORNEY’S FEES INCURRED BY NATURAL FORM’S IN DEFENSE OF ANY ACTION INITIATED BY YOU OR A THIRD PARTY. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. BY USING THIS WEBSITE OR TRANSACTING ANY BUSINESS WITH NATURAL FORM, YOU EXPRESSLY AGREE TO THE JURISDICTION OF ARBITRATION PANELS AND COURTS OF THE STATE OF VERMONT AND THAT VERMONT LAW GOVERNS YOUR RELATIONSHIP WITH NATURAL FORM.

16. Indemnification

You agree to defend, indemnify, and hold Natural form (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 Website, your breach of this Agreement 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.

17. International Use

Although this Site may be accessible worldwide, we make no representation that Products available on this Website are appropriate or available for use in locations outside the United States. Those who choose to access this Website from outside the United States do so on their own initiative and at their own risk. If you choose to access this Website 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 Website is void where prohibited. Natural Form 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, Natural Form reserves the right to modify or void any or all refund and warranty policies.

18. Dispute Resolution Policy

For purposes of the Dispute Resolution Policy, a “Dispute” is defined as any controversy, claim, dispute, or difference arising between you and Natural Form out of or relating to this Agreement, the Products (including your use thereof), your transacting business with Natural Form in any way, or your use of the Website in any way. Any Dispute shall be resolved solely and exclusively by arbitration to be held in Bennington County, Vermont with a single disinterested arbitrator and pursuant to Vermont law. You expressly acknowledge that arbitration does not permit class action proceedings, and by entering into this Agreement, you expressly waive any right to participate in a class action proceeding, either as a representative, participant, or member, and you expressly agree to proceed in a non-class arbitration. Except as may be required to enforce an arbitration decision, you and Natural Form expressly waive any right to file any legal action in any other state or federal court or before any other tribunal, and any right to a trial by jury. Each party to such arbitration shall be responsible for its own attorneys’ fees and costs regardless of the outcome of the arbitration.

19. We reserve the right to update and revise the terms at any time

From time to time we review these Terms to ensure that they comply with applicable law. Consequently, we reserve the right to update and revise these Terms at any time. You will know if these Terms have been revised since your last visit to the website by referring to the “Effective Date of Current Policy” date at the top of this page; provided, however, that we will endeavor to provide you with prior notice of any material changes that will apply to you. Your use of our website constitutes your acceptance of these Terms.

20. Waiver

Either party’s failure to partially or fully exercise any rights or waiver of any breach of these Terms by the other party shall not prevent such party’s subsequent exercise of such right or be deemed a waiver by such party of any subsequent breach by the other party of the same or any other term of these Terms.