Terms of Use

Updated: January 6, 2023

These Terms of Use (“Terms”) set forth the terms and conditions under which you may use visit our website (the “Site”), which is operated by Jeffco Fibres Inc. d/b/a Serenia Sleep (“Serenia Sleep,” “we” or “us”). By using the Site and the services provided through the Site, you agree to these Terms. 

PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION.  BY USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THIS SITE. THESE TERMS COMPRISE A LEGAL CONTRACT BETWEEN YOU AND SERENIA SLEEP. WE RESERVE THE RIGHT, AT ANY TIME, TO MODIFY, ALTER, OR UPDATE THE TERMS AND CONDITIONS OF THIS AGREEMENT WITHOUT PRIOR NOTICE. MODIFICATIONS SHALL BECOME EFFECTIVE IMMEDIATELY UPON BEING POSTED ON OUR SITE.  YOUR CONTINUED USE OF THE SITE AFTER AMENDMENTS ARE POSTED CONSTITUTES AN ACKNOWLEDGEMENT AND ACCEPTANCE OF THE AGREEMENT AND ITS MODIFICATIONS.

• User Code of Conduct

As a condition of your access and use of the Site and your submission or access to any materials, including reviews, ratings, and other information available through the Site, you agree not to use the Site for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by Serenia Sleep. The Code of Conduct is designed to ensure the Site is a safe and comfortable environment for all users.  Specifically, and without limitation, you agree not to use the Site to:

1. violate these Terms or and any applicable local, state, national or international law, and any rules and regulations having the force of law;
2. upload, post, email or otherwise transmit any content that is unlawful, harmful, defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening,  harassing, tortuous, vulgar, libelous, invasive of another`s privacy, hateful, or racially, ethnically or otherwise objectionable;
3. infringe, misappropriate or violate any third party’s patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party, including, the Rights of Serenia Sleep;
4. reproduce, duplicate, copy, modify, sell, re-sell or exploit any Site content for any commercial, educational, or any other non-personal purpose or any for any purpose unrelated to your personal purchasing decisions, without the express written consent of Serenia Sleep, which consent may be withheld by Serenia Sleep in our sole discretion;
5. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
6. upload, post, email or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
7. upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation or content for any purposes not authorized by these Terms;
8. upload, post, email or otherwise transmit any material that contains software viruses, Trojan horses, worms, time bombs, spiders, cancelbots or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
9. disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users` ability to engage in real time exchanges; 
10. interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site.
11. harass, threaten, intimidate, impersonate, or attempt to impersonate, any other person, falsify your contact or other information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with Serenia Sleep, or otherwise attempt to mislead others as to the identity of the sender or the origin of a review or rating;
12. knowingly provide or submit false or misleading information;
13. use the Site if you are under the age of eighteen (18);
14. take any action that would undermine the review and rating process under the Site; or
15. attempt to gain unauthorized access to the Site, other user accounts, or other computer systems or networks connected to the Site.

Serenia Sleep shall have the right, but not the obligation, to monitor the content of the Site to determine compliance with these Terms and any other operating rules established by Serenia Sleep and to satisfy any law, regulation or authorized government request.  Serenia Sleep shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Site.

If you violate these Terms, your Site account may be suspended or terminated.

• Registration Information

We may require that you create an account to use or access certain parts of the Site. We may require that you provide login information such as a username and password to access and utilize your account. As a condition of your use of the Site, you agree to: (a) provide Serenia Sleep with true, accurate, current and complete information as prompted by the Serenia Sleep registration forms, when registering for or using the Site, and (b) update and maintain the truthfulness, accuracy and completeness of such information. You are responsible for maintaining the confidentiality of any password or other account information not generally available to others and are fully responsible for all activities that occur under your username and password. 

• Serenia Sleep Communications

By using this Site, you agree to receive email communications from Serenia Sleep including, but not limited to, emails informing you of promotions that either Serenia Sleep provides or that are being provided by third parties that Serenia Sleep does not control. If you choose to respond to promotions that are provided by third parties, then the third party’s use of any information you provide is governed by that party’s privacy policies and terms of service.  Serenia Sleep is not responsible for any content posted to the site by third parties, including, but not limited to, advertisers. Serenia Sleep is not a party to any disputes between a third party and a user. Serenia Sleep does not endorse such third-party content and under no circumstances is Serenia Sleep liable for any products, services, content, or any other behavior of third-party services.  

• Your Feedback and Reviews

The Site may enable you to upload, post and share information, images, text and other material related to the Site (“User Generated Content”). If you choose to send us your feedback, ideas and materials, we will maintain these submissions in our sole discretion and consider such to be irrevocably transferred to Serenia Sleep. You understand and agree that by providing these submissions to us that you are irrevocably assigning any rights you may have in such to Serenia Sleep and that Serenia Sleep shall have the right, but not the obligation, to use these submissions perpetually, free of charge, and throughout the world without restriction. By providing any User Generated Content to the Site, you understand that Serenia Sleep does not guarantee any confidentiality with respect to the User Generated Content and hereby grant a limited license right to Serenia Sleep a worldwide, non-exclusive, royalty-free, transferable license (with right to sub-license) to use, reproduce, distribute, prepare derivative works of, and display your User Generated Content in connection with the provision of the Site and otherwise in connection with the provision of Serenia Sleep’ business. We may publish your name, voice, likeness and other personal information that you provide in the course of using our services, and we may use the personal information you provide for advertising, marketing, publicity and promotional activities.

• Purchases Made Through the Site.

In order to place orders with us, you must be at least 18 years old.

You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by Serenia Sleep or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between Serenia Sleep and you will not take place unless and until you have received your order confirmation email. 

Payment

Prices and availability posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. You agree that you are responsible for all charges incurred in connection with any purchase on our Site, including, without limitation, all taxes, shipping, handling and processing charges or other fees. Posted prices do not include taxes or charges for shipping and handling. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.

Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.

Serenia Sleep does not collect credit card or bank account information from its users.  Some of our features, require you to pay a fee. You agree to pay these fees and any other charges incurred in connection with your username and password (including any applicable taxes) at the rates in effect when the charges were incurred. The Site allows you to use Stripe® to process your credit card transactions. We will bill all charges automatically to your Stripe account. All fees and charges are nonrefundable. We may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance. 

Promotions

All promotions are while supplies last and may be subject to restrictions or requirements, as noted in the promotion.  No substitutions or rain checks.  Refunds from items purchased at discount will be made at the discounted amount or prorated if discount applied to entire order or multiple items.  Offers may not be combinable with other discount codes or offers, including loyalty rewards points, at our discretion.  Except where prohibited by law, Serenia Sleep reserves the right to modify, suspend or terminate any promotions, discounts, or coupon codes at any time and for any reason.  

Shipping & Returns

All purchases through our Site are governed by our Return Policy,hyperlink to return policy}  which is incorporated into these Terms by reference.  We will arrange for shipment of the products to you but you will pay all shipping and handling charges specified during the ordering process. Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

• Modifications and Interruption to the Site

You acknowledge and accept that Serenia Sleep does not guarantee continuous, uninterrupted or secure access to the Site and operation or use of our Site may be interfered with or adversely affected by numerous factors or circumstances outside of our control.  Serenia Sleep shall not be liable should for any modifications, interruptions, outages, downtimes or disruptions to the Site.   

Serenia Sleep reserves the right to modify or discontinue the Site with or without notice.

• Intellectual Property

The contents of this Site are protected by copyright, trademark and other intellectual property law and may not be modified, reproduced, copied or distributed without permission from Serenia Sleep.

“SERENIA SLEEP” and other graphics, logos, designs, page headers, button icons, scripts, and service names available on the Site the trademarks of Serenia Sleep. These trademarks may not be used, including as part of trademarks and/or as part of domain names, keyword advertisements, or email addresses, in any manner that is likely to cause confusion.

You should assume all material available on the Site is protect by copyright law. All Site material apart from any content submitted by other users, including, but not limited to, text, graphics, logos, icons, images, audio and video clips, downloads, data compilations and software are the exclusive property of  Serenia Sleep and/or its licensors and are protected by U.S. and international copyright laws.

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 United States copyright law. If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. Notices and counter-notices must meet the 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:

Serenia Sleep
12 Park St.
Webster, MA 01570

info@sereniasleep.com

• Disclaimer of Warranties

THE SITE ARE PROVIDED BY SERENIA SLEEP ON AN `AS IS` AND ON AN `AS AVAILABLE` BASIS, SERENIA SLEEP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE USE OR THE RESULTS OF THE SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. SERENIA SLEEP SHALL HAVE NO LIABILITY FOR ANY INTERRUPTIONS IN THE USE OF THE SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SERENIA SLEEP DISCLAIMS ALL WARRANTIES WITH REGARD TO THE INFORMATION PROVIDED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES; THEREFORE THE ABOVE-REFERENCED EXCLUSIONS MAY BE INAPPLICABLE TO SOME USERS.

SERENIA SLEEP DOES NOT WARRANT THAT ITS SITE WILL OPERATE ERROR-FREE OR THAT ITS SERVICE, WEBSITE AND SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS. IF THE USER`S USE OF THE SITE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, SERENIA SLEEP IS NOT RESPONSIBLE FOR THOSE COSTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.

• Limitation of Liability

SERENIA SLEEP SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR SERENIA SLEEP SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE SITE OR THE INFORMATION CONTAINED IN THE SITE, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF SERENIA SLEEP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY BE INAPPLICABLE.

• Void Where Prohibited

The Site is controlled and offered by Serenia Sleep from its facilities in the United States. We make no representations that any of the Site is appropriate or available for use in other jurisdictions. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

• Indemnification

You hereby release and waive all claims against Serenia Sleep with respect to any intellectual property or other proprietary rights, rights of privacy and publicity, rights of attribution, or any other liability under the applicable laws.  

You agree to indemnify and hold Serenia Sleep, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of User`s (i) your use or misuse of, or inability to use the Site; (ii) your infringement; (iii) your violation of these Terms or your violation of any rights of a third party; (iv) your interactions with or conduct towards any other users; or (v) your violation of any applicable law, rules or regulations. You agree that you will cooperate as reasonably requested by Serenia Sleep in the defense of such claims. Serenia Sleep reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by users.

• Governing Jurisdiction of the Laws of Massachusetts

Massachusetts law governs these Terms, as well as any claim, cause of action or dispute that might arise between you and Serenia Sleep, without regard to conflict of law or choice of law rules. We make no representation that our Site are appropriate, legal or available for use in locations outside of the United States. If you choose to access our Site you agree to do so subject to the laws of Massachusetts and the United States.

• Third-Party Sites and Linked Content

Our Site may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that Serenia Sleep is not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding the content located on such sites. Use of third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. Serenia Sleep encourages all users to review terms of use and privacy policies of third-parties sites.

• Miscellaneous Terms

If any provision of these Terms are deemed unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the fullest extent under law. You agree that these Terms and any other agreements referenced herein may be assigned by Serenia Sleep, in our sole discretion, to a third party in the event of a merger or acquisition. These Terms shall apply in addition to, and shall not be superseded by, any other written agreement between us. You agree that by accepting these Terms, you are consenting to the use and disclosure of your personally identifiable information and other practices described in our Privacy Policy.

• Contacting Us

If you have any questions regarding these Terms or wish to contact us for any matter:

Serenia Sleep
12 Park St.
Webster, MA 01570

info@sereniasleep.com

4837-1116-9920.1