Coss Products Corp Terms & Conditions Of Service

This current policy is effective as of April 10, 2020

 

These Coss Products Corp Terms & Conditions of Service are applicable to the Internet website and any other digital properties (collectively, the “Site”) operated by Coss Products Corp  ( “we”, or “us”).   The usage of the Site, including the procurement of any of the Products (as defined below), is subject to (i) the following terms and conditions (the “Terms”), (ii) the terms of our Privacy Policy, and (iii) the terms and conditions of our COSS Refund and Return Policies and COSS –  Mattress Warranty Policy (as applicable). Therefore, please read all of these materials carefully.

 

The use of this site indicates to us that you accept and agree to these Terms as they are written here. If you do not accept and agree to these Terms, please abandon the Site and do not use it. If case you have any questions about the Terms, please contact us at support@getcoss.com.

 

The Site enables you to learn about and to acquire Coss Products Corp mattresses (collectively, “Products”).

The Site may be changed, suspended or discontinued at any time, this included operating or availability of the Site or of any of the Products, without notice or liability.

 

Our Products may be offered through any distribution channel previously authorized, such as other sellers and websites; if so, terms, conditions, and policies linked to those sellers and websites may apply, and they may be different than our Terms.

Please be aware of the arbitration provision disclosed below, requiring you to arbitrate any claims you may have against Coss Products Corp on an individual basis. ARBITRATION ON AN INDIVIDUAL BASIS MEANS YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.

 

I. Coss Products Corp Privacy Policy

 

Please refer to our Privacy Policy to familiarize yourself with how we collect and use information from and about you. The Privacy Policy is part of these Terms.

II. Electronic Communications

 

Visiting the Site and/or communicating with us by email or by chat via the Site means you are interacting with us electronically and you agree that we communicate with you electronically (including by email, chat on the Site, notices posted to the Site, and possibly other means as well). All electronic communications referred to above (this includes any notices, disclosures, warranties, and agreements) satisfy any legal requirement that such communication is “in writing.” We may also interact with you by telephone; please let us know if you do not want us to contact you that way.

III. Legal Age for using the Site and Buying Products with Us.

You must be over 13 years to use the Site and to purchase any products from us. 

If you buy any Products via the Site on behalf of a third party, you must represent and warrant to Coss Products Corp that you have the right and the authority to execute this purchase and to bind that other person or organization to these Terms.

IV. Content & Intellectual Property

 

Content and Intellectual Property of or on the Site must not be copied or used without the prior written consent, meaning all the visual, audio-visual, and written information shown on the Site and which includes all graphics, photographs, drawings, designs, iconography, animation, videos, and written material (collectively, “Content”).  All Content on the Site is property of Coss Products Corp and/or third parties with whom Coss Products Corp has a relationship, and all Content may be protected by one or more applicable intellectual property laws, including without limitation copyright, right of publicity, trademark laws.

 

The source code and compilation of this Site are the similarly absolute property of Coss Products Corp and protected by applicable intellectual property laws. We do not authorize you to use such source code for any purpose other than the ordinary use of the Site.

 

All trademarks, service marks, trade names, trade dress, other branding devices (collectively, “Marks”) displayed on the Site and/or Products (collectively the “Coss Products Corp Marks”) are the sole property of Coss Products Corp and they are protected by intellectual property laws.  We may also show Marks property of third parties with whom we hold a relationship.  You must not display or use the Coss Products Corp Marks (or Marks property of third parties shown on the Site) without our prior written consent (or prior authorization from the applicable third party).

 

If you are a press member, you may use the Content included on our Press page without our prior written authorization, but only for legitimate, accurate, non-commercial reporting purposes that are not likely to cause confusion as to the source, sponsorship and/or affiliation of Coss Products Corp or Coss Products Corp’s Products.

If you have questions about our Content or Intellectual Property, including whether we may consent you using the same, please email us at support@getcoss.com.

V. Site Limitations


You may use the Site for your lawful personal use only or on behalf of a third party. You are not allowed to use the Site to do any of the following, or to violate any law or regulation or legal rights of any third party:

  

  1. You may not transmit, post, publicly perform or display, download, publish, distribute, mirrored, copy or imitate the Content in any way or format, and through any means known nowadays or later developed.
  2. You may not resell, display or describe for commercial or competitive purposes any Products or in a misleading, disparaging or false manner.
  3. You may not commit fraud or dishonest acts by seeking refunds or other compensations or benefits for non-legitimate Product Orders, or about which you are not being completely truthful in your communications with us.
  4. You may not make use of any Content or any Product available on the Site.
  5. You may not convert, decompile, disassemble, reverse, translate, adapt or modify into human-readable form any of the source code / HTML code underlying the Site.
  6. You may not use any tools or software designed to extract and copy data; such as data-extraction methods, data-gathering, data-mining, spiders, crawlers, bots or other similar; on the Contents of the Site or source code / HTML code underlying.
  7. You may not collect any kind of information about users of the Site.
  8. You may not interfere with, disrupt, steal, reverse-engineer or get unauthorized access to the software, technology, or equipment that supports the Site.
  9. You may not pose as another person, or misrepresent your affiliation, with a person or entity;
  10. You may not post advertising or marketing links or content;
  11. You may not get access to the Site from anywhere in the world where it is unlawful for you to do so.

VI. Communications

 

You guarantee that all information you provide to Coss Products Corp when you establish any communication with us via Site and/or otherwise, and when you buy Products from us will be true, accurate, updated, and complete.  We are not to be held responsible for problems that you meet as a result of false, inaccurate, outdated or incomplete information provided by you.

VII. Orders and Purchase


All Products available for purchase will be displayed on the Site with current and updated prices.  These prices do not include applicable taxes and fees that are legally required to be charged to you.  The information about taxes and fees will be given to you before you complete a purchase order.  For example, certain jurisdictions require us to charge and remit separate fees to support those jurisdictions’ mattress recycling efforts.

We do not charge for standard shipping within the contiguous United States.

We reserve the right to cancel or decline orders.  An email will be sent to the electronic address you provided when submitting your order to notify you about the situation. Coss Products Corp assumes no responsibility for difficulties as a consequence of those declines, cancellations or email notification failure. Order costs will be charged to your payment method upon acceptance.

All amounts listed and monetary transactions on and via the Site are in U.S. dollars.

VIII. Trial, Warranty, Refunds / Returns


Please read our COSS Refund and Return Policies and COSS –  Mattress Warranty Policy to be informed about the conditions that apply to those Coss Products Corp offerings. The 100-Night Trial Policy and Limited Warranty are each part of these Terms.


Questions regarding potential refunds or returns not covered by ur COSS Refund and Return Policies and COSS –  Mattress Warranty Policy may be sent to support@getcoss.com


Shipping is free for customers in all states of the USA. You may cancel an order anytime prior to shipment.

IX. Discounts

 

Coss Products Corp may give special purchase conditions on a limited basis to persons, groups, or organizations with which we have a special business relationship or philanthropic interest.  These conditions will be subject to rules, terms, and conditions different or in addition to these Terms.

X. Content Submitted to Coss Products Corp


Coss Products Corp may provide permission to submit or post your reviews, comments, photographs, videos and any kind of similar Content to the Site (collectively, “Postings”). We welcome any of your Postings as long as they are appropriate. These Postings must not harass, defame, slander, libel, threaten or in any way violate the legal rights of any other person or organization.  These Posting must not be obscene, pornographic, defamatory, profane, or otherwise unlawful or indecent.

 

Coss Products Corp reserves exclusive and complete discretion on whether to permit or show and how to use all Postings.  When you submit a Posting to us via Site or otherwise, you grant us a perpetual, worldwide, unlimited, fully assignable, royalty-free and fully-paid-up right and license to reproduce, distribute, publicly display, transmit, communicate to the public, publicly perform, create derivative works based upon, and otherwise use and exploit for any purpose (collectively, “Use”) such Posting through any means or method now or not yet in existence. The foregoing right and license include a royalty-free license to Use the name, image, photograph and/or likeness of any person depicted in or identifiable from any Posting. You waive any and all rights under copyright law, right of publicity law, privacy law, and other legal rights (in addition to any “moral rights” that you may have in your Posting). Further, by submitting a Posting to Coss Products Corp (via the Site or otherwise), you promise to Coss Products Corp each of the following things:

 

  1. You own all legal rights, authorizations, and/consents or releases necessary to grant to us the foregoing rights in your Posting.
  2. Your Posting does not infringe or violate any legal rights of any other person or organization party or entity.

Coss Products Corp has no responsibility to supervise the Site or Postings to the Site. Nevertheless, we reserve the right to retain absolute and complete control over all aspects of the Site. This includes Postings which we may otherwise modify or delete at any time, for any reason, and with or without notice or further obligation to you. If you do not agree with these terms, please do not submit a Posting.

 

Coss Products Corp does not promise or guarantee that the content of any Posting will be truthful, accurate, or reliable.

XI. Digital Millennium Copyright Act


The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides procedures for copyright owners to follow if they believe in good faith that material appearing on the Internet infringes their rights under U.S. copyright law. If you have such a good faith belief with respect to any content posted on the Site, you or your agent should contact Coss Products Corp in a writing clearly identified as a “Notification of Claimed Infringement.” That writing should describe the alleged infringement and request that the allegedly infringing content be removed (or that access to it be blocked). A “Notice of Claimed Infringement” 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 Coss Products Corp to locate the material on the Site;
  • Your name, address, telephone number, and e-mail address (to the extent 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; and
  • 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 improperly filed against you, the DMCA permits you to send Coss Products Corp a counter-notice describing why you have that belief.

Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see www.loc.gov/copyright for details.

 

Notices and counter-notices with respect to the Site should be sent to legal@getcoss.com. We recommend that you obtain professional legal advice before filing a notice or counter-notice under the DMCA. The DMCA imposes penalties for false claims made under it.

XII. Disclaimers


Coss Products Corp is not to be held accountable for disputes or disagreements arising between you and any other person or entity with whom you exchange information or communicate via or while using the Site.  You accept all risks involved in dealing with such third parties. Coss Products Corp will be released from any claims, injuries, demands, and exposures of any kind deriving from or relating to any dispute or disagreement. You also assure not to involve Coss Products Corp in such a dispute.

 

YOU EXPRESSLY AGREE THAT (A) USAGE OF THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THEY WILL BE USED AT YOUR SOLE RISK, AND (B) EXCEPT FOR OUR EXPRESS COSS –  MATTRESS WARRANTY POLICY, COSS PRODUCTS CORP (INCLUDING ITS EMPLOYEES, OFFICERS, AGENTS, AND ADVISORS) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO THE SITE (AND PRODUCTS OR SERVICES AVAILABLE VIA THE SITE), IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

COSS PRODUCTS CORP MAKES NONE OF THE FOLLOWING WARRANTIES, EACH OF WHICH COSS PRODUCTS CORP EXPRESSLY DISCLAIMS:

 

  • THE SITE WILL MEET YOUR EXPECTATIONS OR NEEDS
  • THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
  • THE NATURE, QUALITY, OR QUALITIES OF ANY PRODUCTS OR SERVICES PROMOTED OR AVAILABLE FOR PURCHASE VIA THE SITE WILL MEET YOUR EXPECTATIONS OR NEEDS

XIII. Limitation on Liability


YOU EXPRESSLY ACCEPT AND AGREE THAT COSS PRODUCTS CORP WILL NOT BE RESPONSIBLE FOR ANY DIRECT OR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COSS PRODUCTS CORP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY OF THE FOLLOWING:

 

  • YOUR INABILITY TO USE THE SITE 
  • YOUR USE OF THE SITE
  • THE COST OF PURCHASING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SITE
  • UNAPPROVED ACCESS OR ALTERATION OF INFORMATION PROVIDED BY YOU TO US VIA THE SITE OR OTHERWISE
  • STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON OR INVOLVING THE SITE
  • YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US OR THIRD PARTIES ON OR VIA THE SITE
  • ANY OTHER CIRCUMSTANCES ARISING OUT OF OR RELATING TO THE SITE

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU. TO THE FULLEST EXTENT POSSIBLE BY LAW, COSS PRODUCTS CORP’S  MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE OR YOUR USE OF COSS PRODUCTS CORP CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED THE PRICE THAT YOU PAID FOR ANY PRODUCT(S) PURCHASED VIA THE SITE OR $50, WHICHEVER IS GREATER.

 

NOTE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION DO NOT APPLY TO NEW JERSEY RESIDENTS.

XIV. Dispute Resolution; Choice of Law; Mandatory Arbitration

 

We expect to never have a dispute with you.  However, if any controversies occur or if there is any dispute or claim relating to this Terms, (including an alleged breach or the termination, enforcement, interpretation, or validity thereof), the Site, or the procurement of your Products or use of any service available via the Site, the following rules and procedures will apply:

 

A. Informal Dispute Resolution. You and Coss Products Corp accept to try in good faith to settle the disagreement informally.  Begin this process by sending an email at legal@getcoss.com with the subject “Dispute Notice”.  This will be a notice of dispute and must contain a brief written statement setting forth your name, address, and contact information, the facts giving rise to your Dispute, and the relief you are seeking.  After receiving your notice of dispute, we will contact you via email at the address specified in this notice or to a physical address we may have on file relating to the last Product Order you placed with us. Both parties agree to use reasonable efforts to settle the dispute through consultation, communication, and negotiations within thirty (30) days.  If the disagreement, dispute or claim is not solved within those thirty (30) days, you or Coss Products Corp may use the procedures described in the remainder of this section. If we have a Dispute with you, we will follow the same process, except that we will initiate the process by sending the “Dispute Notice” to you via email at the address specified in any such notice or the physical address we have on file relating to any Product order you placed with us.

 

B. Mandatory Arbitration. If you and Coss Products Corp cannot find a solution to the Dispute informally within thirty (30) days of the “Dispute Notice” (as described above), we will agree to settle such Dispute through final and binding arbitration, except as set forth under “Exceptions” below, and unless you have opted-out of this agreement to arbitration by following the procedure described below.

 

Opt-out of Agreement to Arbitrate

 

You can retire from this agreement to arbitrate within thirty (30) days of your first use of the Site or the date on which you purchased a Product (whichever is later) by contacting us at support@getcoss.com.  Please send us a notification with the subject “Opt-out of Agreement to Arbitrate” that states that you decline this arbitration agreement.


If you do not decline,  you and Coss Products Corp each agree to submit to the personal and exclusive arbitration of any disputes arising out of or relating to your use of the Site under the Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes of the American Arbitration Association (“AAA”). The AAA Rules and fee information are available at www.adr.org or by calling the AAA at 1-800-778-7879.

The arbitration will take place in the United States of America in the county where you live, or in Doral, Florida unless you and Coss Products Corp otherwise agree in writing. You may not, and you agree not to, initiate any legal action or proceeding against Coss Products Corp (including its employees, officers, agents, and advisors) in any other forum or location.

 

Coss Products Corp will pay all filing and arbitration fees for claims of less than $15,000 unless the arbitrator determines that a claim is frivolous or was brought in bad faith or for an improper purpose. You are accountable for any other costs that you may incur in connection with the arbitration, including but not limited to attorney’s fees and expert witness costs unless Coss Products Corp is otherwise specifically required to pay such fees under applicable law. For claims that total more than $15,000, the AAA Rules shall govern payment of filing fees and arbitration fees. You and Coss Products Corp agree not to seek attorneys’ fees and costs in arbitration unless the arbitrator determines that a claim is frivolous or was brought in bad faith or for an improper purpose.

 

Disputes between you and Coss Products Corp will be resolved with us on an individual basis.  You may not bring any claim or demand as a plaintiff of, or participate as part of, any purported class, consolidated, or representative action or proceeding. Further, unless you and Coss Products Corp otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class, consolidated or representative proceeding. Therefore, you understand and agree that each of the following restrictions applies to any controversies you have with Coss Products Corp (including its employees, officers, agents, and advisors) arising out of or relating to your use of the Site, purchase of any Products, or these Terms:

 

 

  • YOU AND COSS PRODUCTS CORP EACH GIVE UP THE RIGHT TO A JURY TRIAL
  • YOU GIVE UP YOUR RIGHT TO BRING A CLAIM IN A REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.

If a court or arbitrator determines that the class, consolidated, or representative action waiver stated in this section is void or unenforceable or that the arbitration can proceed on a class, consolidated, or representative basis, then the Dispute will not be subject to arbitration and, other than small claims actions, must be brought in a federal or state court of competent jurisdiction in Doral, Florida. You and Coss Products Corp each irrevocably consent to venue and personal jurisdiction there and waive all objections to venue or personal jurisdiction there (except for objections based on a failure of service of process). You and  Coss Products Corp also each agree to waive our right to a jury trial in these circumstances.

 

 

C. Exceptions. Either you or Coss Products Corp may bring a lawsuit for injunctive relief to prevent and/or to stop (1) unauthorized use or abuse of the Site, (2) defamation, libel, or other false or misleading statements, or (3) any actual or threatened intellectual property infringement or unfair competition without first engaging in the informal dispute resolution and arbitration processes described above.

 

 

D. Choice of Law. These Terms and the relationship between you and Coss Products Corp shall in all cases be governed by the laws of the State of Florida without reference or recourse to its choice of law or conflicts of laws principles.

 

 

E. Terms Admissible as Business Records. A printed version of these Terms (including our Privacy Policy and our COSS Refund and Return Policies and COSS –  Mattress Warranty Policy) and of any other communications between Coss Products Corp and you shall be fully admissible in any proceedings arising out of or relating to these Terms, and shall be treated as a record maintained in the ordinary course of Coss Products Corp’s business.

This current policy is effective as of April 10, 2020