Pillows From Heaven

By using the Services or http://www.pillowsfromheaven.com website described in this Pillows Agreement you agree to be bound by all the terms and conditions of this Agreement. You are referred to as the customer described on the Open Account page. If you are not making this Agreement on your own behalf, you represent and warrant that you are legally authorized to enter into the Agreement on behalf of the customer and that your actions will legally bind the customer.

Control of Web Site

Pillows is the sole decision-maker as to the use of the Pillows website.

Customer Information and Online Registration

Access to some areas and use of some functions of Pillows or http://www.pillowsfromheaven.com or other Pillows websites may require you to register, you agree to (a) provide accurate, current, and complete information about yourself as prompted by our registration form (including your e-mail address), and (b) to maintain and update your information (including your e-mail address) to keep it accurate, current, and complete. You acknowledge that, if any information provided by you is inaccurate, not current or incomplete, Pillows reserves the right to terminate this Agreement and your use of this website and related services. As part of the registration process, you may be asked to select a password. You will be responsible for the confidentiality and use of your password and any customer number. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND CUSTOMER NUMBER, AND YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES (INCLUDING REQUESTING SERVICES) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. If for any reason you feel either your account number or your password has been compromised or duplicated, you must immediately contact Pillows at support@pillowsfromheaven.com or call Toll Free 855-221-4121 to change your password or account number.

Agreement to Conduct Transactions Electronically

You agree that all of your transactions with or through Pillows may, at its option, be conducted electronically. If you do not wish to have these transactions conducted electronically, you should not enter into this Agreement. You agree that Pillows may determine (from time to time) to provide all or any part of its Services non-electronically, and that those Services will still be governed by this Agreement.

Changes or Amendments

We may at any time, at our sole discretion, update and revise this Agreement by posting an amended Agreement on this website; any changes that Pillows makes to this Agreement will be effective immediately upon posting. Please check this page periodically for changes to the Agreement; you will be able to determine if this Agreement has been changed since your previous visit by viewing the “Last Updated” information that appears at the top of this Agreement. Your use of this website following the posting of any changes constitutes acceptance of those changes.

Affirmations and Declarations

By using the Pillows website, you represent, affirm, and declare, under penalty of perjury under the laws of the State of California or the state in which you are utilizing this website, that (1) you agree to adhere to the laws and regulations of the jurisdiction with which you are conducting business with Pillows and that you are subject to civil and criminal penalties should you utilize Pillows to violate those laws and regulations; and (2) you acknowledge that the information provided by Pillows is derived from local government agency databases and as such may be inaccurate, out of date, contain errors or omissions, or be otherwise incorrect.

Independent Contractors

You and Pillows are independent contractors. Neither you nor Pillows is an employee, agent, representative, broker, or partner of one another. This Agreement shall not be construed to create an association, joint venture, or partnership between you or Pillows to impose any partnership obligation or liability upon either party.

Fees

Pillows has the sole discretion to determine the fees charged to you for using its website or services. Fees for the Pillows may vary by location, service level and/or the amount of time spent completing Services. Pillows reserves the right to change its fee structure at any time without notice. At any time you can review and print our fees via the http://www.pillowsfromheaven.com website or you can request our fees at any of our branch offices.

Taxes

Any taxes which Pillows may be required to pay or collect under any existing or future law in connection with providing you with the Services shall be charged to your account.

Payment Terms

A valid Visa, MasterCard or American Express card will be required to use the services of Pillows, Because all transactions are conducted electronically, it is understood and agreed that the physical credit card need not be present with Pillows in order for the credit card charge to be valid and that the validity of such charges will not be challenged. Payment obligation rests solely with the person, firm or company that submitted the assignment and to whom credit was originally granted and that Pillows will hold that person, firm or company liable for payment of any invoice submitted to a third party for payment. Pillows reserves the right to restrict the credit of any customer for any reason.

Privacy Policy

Pillows respects your privacy and we understand the importance of protecting your personal and financial information. By your use of the Pillows website or Services, you agree to the terms and conditions included in the Pillows Privacy Policy.

Disclaimer of Warranties and Limitation of Liability

You agree that your use of the Pillows and information on the website is at your own and sole risk. All services are provided on an as is and as available basis. Pillows disclaims all warranties and duties of any kind, express, implied or statutory, including, but not limited to, any implied warranties of merchantibility or fitness for a specific purpose, non-infringement or title, duties of workman-like effort, or lack of negligence. Pillows assumes no responsibility for errors or omissions on its website and is not responsible in any way for the functionality, specifications, or any other aspect of the items posted. Pillows does not guarantee continuous, uninterrupted or secure access to http://www.pillowsfromheaven.com or Pillows or those defects in its website will be corrected. You are responsible for implementing sufficient procedures to satisfy your particular requirements for protection of your system and/or accuracy of data, and for maintaining a means of reconstruction of lost data. Without limiting the above, you agree that Pillows and its parent corporations, subsidiaries, partners, employees, agents, affiliates, subcontractors, and/or consultants do not make any warranties or undertake any duties regarding, without limitation, the following: (I) Infringement of title or quiet enjoyment; (ii) Functionality, including functionality of search or retrieval software; (iii) Accuracy, completeness, or completion of forms; (iv) Receipt of DOCUMENTS by local governments; (v) Appropriateness or propriety of DOCUMENTS pulled for a particular job; (vi) Approval of DOCUMENTS by local governments; (vii) Timeliness of services; (viii) Uninterrupted, secure, error or virus-free service or storage; and (ix) Adequacy of fees paid to local governments.

You agree that your sole remedy for any breach of this Agreement by Pillows or any of its parent corporations, subsidiaries, partners, employees, agents, contractors, or consultants shall, at the option and sole discretion of Pillows, be the following: (I) correction of any Service causing you damage; or (ii) refund of the amount you paid for the Service that caused damages incurred by you in reasonable reliance on the Service. You also agree that the damage exclusions and this limitation of liability shall apply even if any remedy of its essential purpose fails.

No Incidental or Consequential Damages

To the fullest extent allowed by applicable law, you agree that neither Pillows nor any of its parent corporations, subsidiaries, partners, employees, agents, affiliates, contractors or consultants will be liable to you, your heirs or assigns, and/or any other person or entity for general, special, incidental, consequential, indirect, or punitive damages of any kind, including, but not limited to, those damages resulting from loss of use, data, sales, goodwill, or profits, whether or not Pillows has been advised of the possibility, or under any legal or equitable theory of liability, including theories of tort, contract, or otherwise arising out of the use of the Pillows website or Services.

Indemnification

You agree to indemnify, defend, protect and hold harmless Pillows, its parent corporations, subsidiaries, partners, employees, agents, affiliates, contractors, and consultants and their respective directors, officers, employees and agents from and against all losses, claims, and expenses (including attorneys’ fees and costs, incurred by Pillows with or without suit and whether incurred on appeal or in bankruptcy) arising out of or relating to (I) your breach of any terms of this Agreement, (ii) the determination by a jurisdiction that you have improperly utilized the Services of Pillows to violate the laws and regulations of the jurisdiction, (iii) your use of the Pillows or your failure to pay all sums due Pillows or any local government; and (iv) your supplying inaccurate, out of date, errors or omissions, or otherwise incorrect information as well as any action taken by you as a direct or indirect result of the information displayed on the Pillows web site.

Termination or Cancellation

Pillows reserves the right to terminate your use of the Pillows website and services, without notice, for any reason or no reason at all. If your use of the Pillows website and Services is terminated or cancelled, you agree that neither you nor any other party will hold Pillows, its parent corporations, subsidiaries, partners, employees, agents, affiliates, contractors, and consultants, liable for any general, special, incidental, consequential, indirect, or punitive damages of any kind, including, but not limited to, those damages resulting from loss of use, data, sales, goodwill, or profits, whether or not Pillows has been advised of the possibility of such damages, or under any legal or equitable theory of liability, including theories of tort, contract, or otherwise.

Intellectual Property Rights

You agree that except as expressly provided that the content and website are protected by intellectual property laws. Pillows reserves the right to suspend or discontinue all services and online registration for any person or customer that appears are infringing on the property rights of Pillows or any of its subsidiaries.

Comments and Suggestions

You agree that any comments or suggestions that you provide to Pillows regarding the services provided by Pillows, including, without limitation, feedback, suggestions or ideas in response to any customer survey shall be deemed, and shall remain, the property of Pillows. None of the Comments shall be subject to any obligation of confidence on the part of Pillows and Pillows shall not be liable for any use or disclosure of any Comments. Without limitation of the foregoing, Pillows shall exclusively own all rights to the Comments of every kind and nature and shall be entitled to unrestricted use of the Comments for any purpose, commercial or otherwise, without compensation to the provider of the Comments.

Governing Law

This Agreement shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Pillows agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Los Angeles, California.

Force Majeure

Pillows shall not be responsible for interruptions, delays or failure in performance resulting from causes beyond its reasonable control. Such acts shall include but not limited to acts of God, war, and riot, acts of terrorism, labor stoppages, governmental actions, fires, floods, and earthquakes.

Third Party Rights

The provisions in this Agreement are for the sole benefit of you and Pillows and shall not inure to the benefit of any other person either as a third party beneficiary or otherwise.

General Provisions

Neither this Agreement nor any part or portion may be assigned or otherwise transferred by the customer without Pillows prior written consent. Should any provision of this Agreement be held to be void, invalid, unenforceable or illegal by a court, the validity and enforceability of the other provisions will not be affected thereby. Failure of any party to enforce any provision of this Agreement will not constitute or be construed as a waiver of such provision or of the right to enforce such provision. The headings and captions contained in this Agreement are inserted for convenience only and do not constitute a part of this Agreement. The failure of either party to insist upon or enforce strict performance by the other party of any provision of this Agreement or to exercise any right under this Agreement shall not be construed as a waiver of the right of such party to assert or rely upon such provision or right in that or any other instance.

Effect of Agreement

This Agreement (which includes all current Amendments, your Open Credit Account form, Application for Credit, the disclosures provided by Pillows and the consents provided by you on the Pillows website, embodies the entire agreement between you and Pillows. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the intentions of the parties as reflected in that provision and the allocation of risks set forth in this Agreement, and agree that the remaining provisions of this Agreement shall remain in full force and effect.

Acknowledgement

You certify that you have read and understand this Agreement and state that you agree to be bound by the terms and conditions contained in this Agreement. You agree to comply with all city, county, state and federal laws and ordinances relating to the Pillows.