Terms of Service
In General
Please read these Terms of Service (collectively with our Privacy Policy, Shipping & Return Policy, the “Terms of Service”) fully and carefully before using www.sleepog.com (the “Site”) and the services, features, content, applications, or products offered by SleepOG®, (“we”, “us”, “our” or “SleepOG®”) (together with the Site, the “Services”). These Terms of Service set forth the legally binding terms and conditions for your use of the Site and the Services.
Conditions of Use
Access to and use of the SleepOG® website and the products and services available through this Website constitutes agreement to our “Terms of Service/Use”. We encourage you to review the following information carefully.
By using the services and accessing the website, you are agreeing to all of the Terms and Conditions, as may be updated by us regularly.
You should check this page regularly to take notice of any changes we may have made to the Terms and Conditions. Access to this Website is permitted on a temporary basis, and SleepOG® reserves the right to remove or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. Periodically we may restrict access to some parts or the entire Website. Your use of the SleepOG® website is contingent upon your acceptance of our Privacy Policy and the following Terms and Conditions. If you do not agree to the Terms and Conditions of business contained in the following pages, then you may not use the SleepOG® website. This Website may also contains links to other websites, which are not operated by SleepOG® (the “Linked Sites”).
SleepOG® has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each Linked Site.
If you have any inquiries, comments or concerns regarding this agreement or any other part of this site or regarding any of our featured products and services or if you have experienced technical problems while using this site, please send an email to orders @ sleepog.com.
Termination
Cookies
Like many websites, we also use “cookie” technology. A cookie is a small data file that we transfer to your computer’s hard disk. We use cookies to better understand how you interact with the site and our service, to monitor aggregate usage by our users and web traffic routing on the site, and to improve the site and our services.
Confidentiality & Personal Data
We will be storing and processing personal data in order to provide you with products and/or our newsletter as requested by you. We will keep your personal data secure and only use it where we have a lawful basis to do so. We comply with our obligations under the laws relating to data protection. For more information please see our Privacy Policy available on our website.
Your Obligations and Conduct
You must provide us with true and accurate information for example: your real name, phone number, e-mail address and other requested information as indicated. Falsifying or omitting contact information such as a name, address, and/or telephone number when registering with SleepOG® is not permitted. You are also not permitted to use fax or disconnected numbers as a telephone number. When using this website you must obey all applicable international, federal, state, and local laws.
If you subscribe or agree to provide your email address for any reason on the website, it is your responsibility to select a password that is unique to your SleepOG® account and that you do not disclose this information to anyone else or keep this information in an insecure place.
You must not misuse this Website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Services; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offence under the Computer Misuse Act 1990. SleepOG will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it. We reserve the right to bar users from this Site on a permanent or temporary basis. Any such user shall be notified and must not then attempt to use this Site under any other name or through any other user. SleepOG® will report any breach of these rules that would constitute a criminal offence under the Computer Misuse Act of 1990 to the relevant law enforcement agencies and disclose your identity to them.
Trademarks
Intellectual Property, Software and Content
All content on this website is the exclusive property of The Lash Mentality, Inc. d/b/a SleepOG®. Unless otherwise noted in this website, SleepOG® owns the copyright with respect to all content on the website. Said content includes: text, graphics, logos, icons, images, audio and video clips, digital downloads, trademarks, software, software server information, and anything else hosted on this website. Our content, SleepOG® and Go 9it 9it® logo, images, name, tagline and other marks indicated on the website are the trademarks or registered trademarks of SleepOG® and Go 9it 9it® and are protected by United States and international copyright laws and we reserve all rights contained therein. In case of dispute or infringement, we will vigorously defend our rights to this material. All rights to content, services, and server information are reserved. Any modification made to the content of this website by a third party is a violation of SleepOG® and Go 9it 9it® copyright. Additionally, the SleepOG® website may contain other proprietary notices and copyright information, the terms of which must be observed and followed.
Nothing contained on the website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the website or any information displayed on the website, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms and Conditions of Business; or (b) with the prior written permission of SleepOG® and Go 9it 9it® or the prior written permission from such third party that may own the trademark or copyright of information displayed on the website.
The intellectual property rights in all software and content made available to you on or through this Website remains the property of SleepOG® or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by SleepOG® and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise. You may link SleepOG® and Go 9it 9it® content to other sites, but only if you acknowledge the website as the source of the material and does not disparage or discredit SleepOG® and/or Go 9it 9it®.
You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by SleepOG® and Go 9it 9it® or its licensors.
License and Site Access
Protecting Your Account
Registration, Permissions and Community Participation
SleepOG® reserves the right to close accounts if any user is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple accounts or disrupts any of our services in any way.
Content Submitted by Site Users
By your submission you represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify The Lash Mentality, d/b/a SleepOG® or its affiliates for all claims resulting from content you supply. SleepOG® reserves the right to remove any content at our sole discretion.
If you do post content to this site or otherwise submit material (including, but not limited to, photographs and testimonials), by submitting any material to us, you automatically grant SleepOG®, Go 9it 9it® and its affiliates the royalty-free, perpetual, irrevocable right to use, exclusive right and license to use, reproduce, modify, adapt, edit, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media or technology now know or later developed. By your submission you represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify, The Lash Mentality, d/b/a SleepOG® or its affiliates for all claims resulting from content you supply. SleepOG® will endeavour to acknowledge you as the source of the material when we feature such material. SleepOG® is not obliged to publish material submitted by you. When taking part in any SleepOG® community or social media groups you are governed by the terms of usage of the site in which the community/group exists.
If you fail to comply by our community rules SleepOG® has the right to cancel your account without notice and delete any contributions. If you do not want to grant SleepOG® the permission set out in these terms then please do not share your contribution on any community SleepOG® or any SleepOG® forums or groups including but not limited to our social media sites including Facebook, Twitter and Instagram.
Disclaimers
Some of the content posted on our sites, profiles and pages is created by members of the public. The views expressed are theirs and unless specifically stated are not those of SleepOG®. A number of person(s) associated with SleepOG® are also able to post comments on our sites, profiles and pages. The views expressed are theirs and unless specifically stated are not those of the SleepOG®. SleepOG® is not responsible for any content posted by members of the public on our sites, profiles or pages or for the availability or content of any third party sites that are accessible from our site. Any links to third party websites from our site do not amount to any endorsement of that site by SleepOG® and any use of that site by you is at your own risk.
Blog Posts, Feeds and Comments
In order to participate in and contribute to selected sections of our website, you may be required to register personal information with WordPress. If you have any questions regarding this personal information, should check our Privacy Policy.
You agree to use blog posts, feeds, and comments in accordance with the following rules. These apply across all our maintained sites, profiles and services. You should, however, also read the other sites’ specific terms of service as there may be additional terms of service.
Please remember that any information you disclose in a public forum or community areas becomes public information and is immediately accessible to other users, so it is important for you to carefully consider what, if any, personal information you reveal in these areas. Contributions must be civil, tasteful, spam-free, lawful and free from advertising or promotion.
SleepOG® reserves the right to delete any contribution, or take action against any login or registration, at any time, for any reason. If you’re under 16:
– Please get a parent’s or guardian’s permission before taking part in any discussion on either www.sleepog.com or our profiles and pages on third party sites.
– Never reveal any personal information about yourself or anyone else (for example, school, telephone number, your full name, home address or email address).
Terms of Sale
By placing an order on the SleepOG® website you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. At any time SleepOG® has the right to cancel the order before it is dispatched, refunding any money due to the customer.
SleepOG® will endeavour to process the Order and send the Goods within the time period stated at point of purchase. Any dates quoted for delivery of the Goods are indicative only. Time for delivery will not be of the essence of the Contract and SleepOG® will not be liable for any loss or expenses sustained by the Buyer arising from any delay in the delivery of the Goods howsoever caused. We will not be held responsible for any deliveries delayed due to postal delays or force majeure. Please see our FAQs and Shipping & Return Policy for further information on order windows and services.
In order to contract with SleepOG® you must be at least 13 years of age and can form a legally binding contract under applicable law. If your order is accepted we will inform you by email when we dispatch the item. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit, debit card or PayPal account used to place your order and that there are sufficient funds to cover the order cost. We reserve the right to obtain validation of your credit card, debit card or PayPal details before accepting your Order. All prices advertised are subject to such change.
Our Contract
When you place an order, you will receive an email that acknowledges your order: this email will only be an acknowledgement and will not constitute acceptance of your order. We take payment from your card, when we process your order and have checked your card details. If we are unable to supply the goods for any reason, we will inform you of this as soon as possible. A full refund will be given if you have already paid for the goods.
A contract between us will not be formed until we send you a confirmation email that all of the goods that you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
Pricing, Currencies and Payment
At SleepOG® we try to ensure that all details, descriptions and prices that appear on this Website are accurate. In the unlikely event of an error in the price of any goods that you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled and any monies paid will be refunded to you. You will be responsible for any taxes applicable in the territory to which the Goods are sent. We will endeavour to deliver to all the United States of America that is accessible by our couriers.
The SleepOG® website is set up for standard US dollar currency enabled for viewing product prices and shopping cart summaries. Upon receiving your order we carry out a standard pre-authorization check on your payment card to ensure that there are sufficient funds to fulfil the transaction. Goods will not be dispatched until this pre-authorization check has been completed. Your card will be debited once the order has been accepted.
We may use your personal information to conduct appropriate anti-fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
Returns and Refunds
If you qualify for a return or refund, the items must be returned in original condition with all tags and packaging intact and items unworn. The qualified return would be at our expense. All of our customers have a statutory duty to take reasonable care of our products, in the event of this not being the case, SleepOG® will exercise our legal right of action. If items are soiled and show signs of being worn, the order will not be cancelled and items may be sent back to the customer with full payment due.
Under Distance Selling Regulations you have the right to cancel your order within 7 working days of receipt of goods. You must inform us in writing within 7 days of receipt of your intent to exercise this right to:
SleepOG®, 1954 Airport Road # 1570, Atlanta, GA 30341, or, via email to orders @ sleepog.com.
Please keep evidence of the cancellation notice, such as a copy and obtain a certificate of posting. In this circumstance you will be liable to pay and arrange for the goods to be returned in original condition with original packaging and all tags attached.
Shipping Destinations
SleepOG® sells to United States of America addresses. We are only able to accept orders in this region through the online shop. In the future, we may be able to ship select items, by prior arrangement, to key international destinations. For full information on delivery destinations, methods and time frames, as well as our return and exchange process, please read our Returns & Shipping Policy.
Redemption of Free Product and Discount Codes
From time to time, SleepOG® offers its clients special offers and promotional discounts using promotional discount codes to be used in conjunction with this website. These offers are frequently disseminated via this website and through email to those who have registered for our email database. They are sometimes posted on our website (www.sleepog.com) or announced via other means of communication in conjunction with the promotion of the SleepOG® product collection, including radio and TV broadcasts, internet forums and various online websites and social media.
We encourage our clients to redeem these special offers, but we respectfully ask that you not exploit them. These discounts will be subject to terms and conditions that will be issued with the codes. SleepOG®, at our sole discretion, will determine if all purchasing criteria has been met to qualify for stated discount or free product. If you successfully circumvent the software safeguards of this website in order to receive several free products with your order, then we will (at our sole discretion) remove any extraneous free product from your order or cancel the order in its entirety. You will be informed of any order changes via the phone number or email address listed with your order. Thank you for your agreement.
Collections
We do not currently offer any collection service at the current time.
Disclaimer of Liability – Limitation of Liability
This site is provided by SleepOG® on an “as is” and “as available” basis. The information contained in this website is for general information purposes only. The information is provided by SleepOG® and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, as to the operation of the site or the content contained therein. Nor about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information, you expressly agree that your use of www.sleepog.com is at your own risk.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
Linking to This Website
Disclaimer as to Ownership of Trademarks, Images of Personalities and Third Party Copyright
Variation
SleepOG® shall have the right in its absolute discretion at any time and without notice to amend, remove or vary any of its services or any page of this Website.
Invalidity
If any part of the Terms and Conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms and Conditions will not be affected with all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
Complaints
We will try to do everything we can to resolve any disputes when they first arise. If you do have any complaints or comments then please contact us at orders @ sleepog.com.
Waiver
If you breach these conditions and we take no action, we will be entitled to exercise our rights in any other situation where you are in breach of our terms and conditions.
Governing Law and Jurisdiction
These Terms and Conditions are to be construed in accordance with the laws of United States of America and shall be governed by and construed in accordance with the laws of the State of Georgia, including its conflicts of law rules. You agree that in the event of any dispute or claim from or relating to the subject matter of these Terms and Conditions, that dispute or claim shall be governed by the exclusive jurisdiction and venue of the state and Federal courts of Fulton County, Georgia.
Changes in Policy
Notices
Entire Agreement
These Terms and Conditions constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and SleepOG®. Any waiver of any provision of the Terms and Conditions will be effective only if in writing and signed by a Director of SleepOG®. We comply with USA legal and tax regulations.
Company Details
SleepOG®, 1954 Airport Road # 1570, Atlanta, GA 30341