Terms of service

Overview

This website is operated by Zute Commerce LLC, doing business as Mostly Pillows ("we," "us," "our"). We offer this website, including all information, tools and services available from it, to you, the user, conditioned on your acceptance of these Terms of Service ("Terms") and the policies referenced here, including our Privacy Policy, Shipping Policy and Refund Policy.

By visiting our site or buying from us, you agree to be bound by these Terms. If you do not agree, please do not use the site. We may update these Terms by posting changes on this page, and your continued use of the site after a change means you accept it. Our store is hosted by Shopify Inc.

1. Online store terms

You must be at least the age of majority in your state or province of residence, or have the consent of a parent or guardian who is. You may not use our products or site for any illegal or unauthorized purpose or violate any laws in your jurisdiction, and you must not transmit worms, viruses or any destructive code. A breach of these Terms may result in immediate termination of your access.

2. General conditions

We may refuse service to anyone at any time. Your content (not including card information) may be transferred unencrypted over various networks and adapted to technical requirements; card information is always encrypted in transit. You agree not to reproduce, copy, sell, resell or exploit any part of the site or service without our written permission. Headings are for convenience only.

3. Accuracy of information

We are not responsible if information on this site is not accurate, complete or current. The material is for general information and should not be your sole basis for decisions. Any reliance on it is at your own risk. We may change the site at any time but have no obligation to update it.

4. Modifications and prices

Prices are subject to change without notice. We may modify or discontinue the service or any part of it at any time, and we are not liable to you or any third party for any modification, price change, suspension or discontinuance.

5. Products

Most of our products are made to order. We try to display colors and images as accurately as possible, but we cannot guarantee that your screen will show colors accurately, and small variations in printing and materials are normal. We may limit sales of our products to any person, region or jurisdiction, may limit quantities, and may discontinue any product at any time. Product descriptions and pricing are subject to change. We do not warrant that any product, service or information you obtain from us will meet your expectations.

6. Personalization and your content

You are responsible for the accuracy of the names, text, dates, photos and other content you submit for personalization. We produce your item as submitted, so please review it carefully before you order. By submitting content, you confirm that you own it or have the right to use it, and that it does not infringe anyone's rights or contain anything unlawful, defamatory, hateful or otherwise inappropriate. You give us a non-exclusive license to use your content only to make and deliver your order and to handle support. We may decline or cancel an order that includes content we believe violates these Terms, with a refund of the amount paid. All designs, artwork, text and branding on our site belong to us or our licensors, and these Terms give you no rights in them.

7. Orders, billing and returns

We may refuse or cancel any order, and may limit quantities per person, household or order. If we change or cancel an order we may try to contact you using the email, address or phone number you provided. You agree to provide current, complete and accurate purchase and account information. Shipping, returns and refunds are governed by our Shipping Policy and Refund Policy. Delivery times are estimates and not guarantees.

8. Optional tools and third-party links

We may give you access to third-party tools that we do not monitor or control, and we provide them "as is" and "as available" without warranties of any kind. Your use of them is at your own risk and subject to the providers' terms. Our site may link to third-party websites that we do not control, and we are not responsible for their content, products or practices.

9. Comments and feedback

If you send us comments, ideas, suggestions or other materials, you agree that we may use them in any medium without restriction or compensation, and that we have no obligation to keep them confidential or respond. You agree your comments will not violate any third party's rights or contain unlawful, abusive or obscene material or malware, and you are solely responsible for them.

10. Reviews and testimonials

If you submit a review, testimonial, photo or feedback, you agree that we may publish it together with your name, photo or logo on this website, in our marketing and on any successor website. We may edit it for length or clarity, but we will never change it in a way that creates a misleading impression of your views. You may withdraw this permission by emailing us.

11. Personal information

Your submission of personal information through the store is governed by our Privacy Policy.

12. Errors, inaccuracies and omissions

Information on our site may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times and availability. We may correct any of these, update information, or cancel orders affected by an error at any time, including after you have placed an order, and we will refund any amount you paid for a cancelled order.

13. Prohibited uses

You may not use the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform unlawful acts; (c) to violate any laws or regulations; (d) to infringe our intellectual property rights or those of others; (e) to harass, abuse, insult, harm, defame or discriminate against anyone; (f) to submit false or misleading information; (g) to upload or transmit viruses or malicious code; (h) to collect or track the personal information of others; (i) to spam, phish, scrape or crawl; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the site. We may terminate your use of the site for violating these rules.

14. Disclaimer of warranties and limitation of liability

We do not guarantee that your use of our service will be uninterrupted, timely, secure or error-free, or that results from using it will be accurate or reliable. Your use of the service is at your sole risk. The service and all products delivered through it are provided "as is" and "as available", without warranties or conditions of any kind except as expressly stated by us, including implied warranties of merchantability, fitness for a particular purpose, durability, title and non-infringement.

To the fullest extent permitted by law, Zute Commerce LLC, Mostly Pillows and our members, officers, employees, affiliates, agents, contractors, suppliers, service providers and licensors will not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including lost profits, lost revenue, lost savings, loss of data or replacement costs, whether in contract, tort (including negligence), strict liability or otherwise, arising from your use of the service or any product, even if advised of the possibility. Our total liability for any claim relating to an order will not exceed the amount you paid for that order. Some jurisdictions do not allow certain exclusions or limitations, so some of this may not apply to you, and in those cases our liability is limited to the maximum extent permitted by law.

15. Indemnification

You agree to indemnify, defend and hold harmless Zute Commerce LLC, Mostly Pillows and our affiliates, partners, officers, members, agents, contractors, licensors, service providers and employees from any claim or demand, including reasonable attorneys' fees, made by any third party arising out of your breach of these Terms, your violation of any law or third party's rights, or content you submit.

16. Severability

If any provision of these Terms is found to be unlawful, void or unenforceable, it will be enforced to the fullest extent permitted by law, and the rest of the Terms will remain valid and enforceable.

17. Termination

Obligations and liabilities that arose before termination survive it. You may stop using the site at any time. If we believe you have failed to comply with these Terms, we may terminate your access at any time without notice, and you remain liable for all amounts due up to the date of termination.

18. Entire agreement

Our failure to enforce any right or provision of these Terms is not a waiver of it. These Terms and the policies referenced here are the entire agreement between you and us and replace any earlier agreements or communications. Ambiguities will not be construed against the drafter.

19. Governing law

These Terms and any separate agreements under which we provide you services are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-law rules.

20. Text messages

If you consent to our text marketing at checkout or through our sign-up forms, you agree to receive recurring text messages from us, including offers and cart reminders, at the number you provided. Message frequency varies. Consent is not a condition of any purchase. Reply STOP to opt out or HELP for help. Message and data rates may apply. See our Privacy Policy for how we use your information.

21. Changes to these Terms

We may update, change or replace any part of these Terms by posting changes on this page. It is your responsibility to check this page periodically.

22. Contact

Questions about these Terms can be sent to support@mostlypillows.com or to Zute Commerce LLC, 8 The Green, Suite 11712, Dover, DE 19901, United States.