Terms of Service
Terms and Conditions
WEBSITE TERMS AND CONDITIONS OF USE
Effective Date: March 27, 2017
Lincove, “Lincove Firm”, and its affiliates and subsidiaries (and collectively as “we”, “us”, and “our”), is pleased to welcome you to our website, (https://lincove.com) (the “Website” or “Site”). References to “you” and “your” shall be deemed to be references to any person using or placing an order via this website.
This document establishes the terms and conditions of use (“Terms and Conditions”), and governs your access to and use of (https://lincove.com), including any content, functionality and services offered on or through (https://lincove.com), whether as a guest or registered user.
By using the Website, you understand that we may update the Site at any time without any prior notice.
BY USING THE SITE AND SERVICES, YOU AGREE TO EACH TERM AND CONDITION SET FORTH BELOW. IF YOU DO NOT AGREE WITH ANY TERM OR CONDITION SET FORTH BELOW, DO NOT USE THE SITE OR SERVICES FOR ANY PURPOSE.
However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Website.
ACCESSING THE WEBSITE AND ACCOUNT SECURITY
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
YOU ARE RESPONSIBLE FOR:
- Making all arrangements necessary for you to have access to the Website.
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete.
IF YOU CHOOSE, OR ARE PROVIDED WITH, A USER NAME, PASSWORD OR ANY OTHER PIECE OF INFORMATION AS PART OF OUR SECURITY PROCEDURES, YOU MUST TREAT SUCH INFORMATION AS CONFIDENTIAL, AND YOU MUST NOT DISCLOSE IT TO ANY OTHER PERSON OR ENTITY.
You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information.
You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session.
YOU SHOULD USE PARTICULAR CAUTION WHEN ACCESSING YOUR ACCOUNT FROM A PUBLIC OR SHARED COMPUTER SO THAT OTHERS ARE NOT ABLE TO VIEW OR RECORD YOUR PASSWORD OR OTHER PERSONAL INFORMATION.
WHEN YOU VISIT THE SITE, YOU AGREE THAT YOU WILL NOT:
- Upload, post, email, transmit or otherwise make available any content that we deem to be unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- Upload, post, email, transmit or otherwise make available any material that contains software viruses 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;
- Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- Upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
- Upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- Harm minors in any way;
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site;
- Interfere with or disrupt the service or servers or networks connected to the service, or disobey any requirements, procedures, policies or regulations of networks connected to the service;
- Intentionally or unintentionally violate any applicable local, state, national or international law;
- “Stalk” or otherwise harass another;
- Collect or store personal data about other users.
If you wish to make any use of material on the Website other than that set out in this section, please address your request to: EMAIL HERE
INTELLECTUAL PROPERTY RIGHTS
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Lincove, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You agree not to copy materials on the Website, reverse engineer or break into the Website, or use materials, products or services in violation of any law.
• If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
• If we provide social media features with certain content, you may take such actions as are enabled by such features.
If you believe that any User Contributions violate your copyright, please see our Copyright Policy in this document for instructions on sending us a notice of copyright infringement. It is the policy of LINCOVE to terminate the user accounts of repeat infringers.
RELIANCE ON INFORMATION POSTED
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of LINCOVE. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose/according to your account settings.
YOU REPRESENT AND WARRANT THAT:
• You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.
MONITORING AND ENFORCEMENT; TERMINATION
WE RESERVE THE RIGHT TO:
• Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.
YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY LINCOVE/ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER LINCOVE/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
LINKING AND THIRD PARTY SITES
Our Site contains links to other web sites. If you link to another web site from our Site, you will leave our Site and these Terms and Conditions will not apply. Please make sure that you read and are familiar with the legal notices posted on any web site linked to our site including all privacy policies.
The links on our Site should not necessarily be construed as an endorsement of the associated sites or any content displayed at the sites. WE CANNOT AND SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY FOR YOUR VISIT TO AND USE OF THESE OTHER WEB SITES.
SWEEPSTAKES AND CONTESTS
From time to time, we may offer and/or co-sponsor contests, sweepstakes, and games on the Site. Each of these activities shall be governed by specific rules accessible from the pages of the Site offering the promotion.
PLACING AN ORDER
You must be eighteen years old or older to use this site. If you are under eighteen, you may only use this site with the agreement of, and under the supervision of, a parent or guardian. If you do not qualify, please do not use this site. You warrant that all details you provide to LINCOVE for the purpose of ordering or purchasing goods are true, accurate, current and complete in all respects; and that the payment card you are using is your own and that there are sufficient funds in your account to cover payment of the product(s) ordered.
By placing an order via this Website, you are making an offer to LINCOVE to purchase the goods detailed in your order according to the terms described in your order. By placing an order with us you will be deemed to have read, understood and agreed to these Terms and Conditions.
If you are unhappy with or unclear about any aspect of these terms, please contact one of our customer service advisors before placing an order with us either by telephone on PHONE NUMBER HERE by email at EMAIL HERE or by mail using the address given below. Calls to this number are toll-free when calling from within the United States. All our calls may be recorded for training and monitoring purposes.
Once you have placed an order we will send you a confirmation that your order has been received, but this is not a confirmation that your offer to purchase the goods has been accepted. A contract between you and LINCOVE for the sale of our products will only exist once an order has been accepted, processed and dispatched to you.
Your payment card account will be authorized when your order is placed and processed, but you will not be charged for the value of the goods until the point that they are dispatched to you. This does not affect your statutory rights.
Prices and availability of goods are subject to change without notice. A delivery charge will be added to your order value where appropriate. Please see our delivery times and charges.
All dates quoted for delivery are estimated delivery dates only and may be subject to change. We can accept no liability for any loss or damage (whether direct or indirect) if delivery takes place at any time other than the estimated date for delivery.
CONFORMITY OF GOODS
We take every care to ensure that the description and specification of our products are correct at the time of going to press. However, specifications and descriptions of products on this website are not intended to be binding and are intended only to give a general description of the products. Furthermore, while the color reproduction of the products is a close representation, we cannot accept any responsibility for any variation in color caused by the browser software or computer system used to view the products.
We aim to display through this website all items in our current range. We try to hold stock of all styles and sizes whilst a product is active. However, occasionally an item(s) will be out of stock and if this is the case this will be highlighted on the website.
Our merchandise available for sale will change on a frequent basis. We reserve the right to make changes in our merchandise without notice. An item may be out of stock temporarily or permanently, or discontinued from our product line.
When an item is no longer available, we take reasonable steps to remove it from the website as soon as we can. If you cannot find an item you saw on a previous visit, please notify our Customer Service team and we will let you know whether we can find the item for you.
If we do not have stock to deliver the goods you have ordered our Customer Service team will contact you. We will not charge your credit or debit card until your order is in stock and ready to be shipped.
If you are dissatisfied or believe there is a defect in any of your Products, please review the relevant warranty below and if you believe that you are entitled to take advantage of those terms, please contact us at EMAIL HERE.
LINCOVE PRODUCTS are covered by a 20-YEAR LIMITED WARRANTY against defects in materials or workmanship under normal use. This warranty extends only to the original purchaser.
In the normal course of use, body impressions and fabric wear will appear. This is not a structural defect covered by this warranty. It is simply an indication that the fabric and material layers are settling and compacting as you first use your new bedding.
The warranty does not cover the following:
- Damage in shipping or installation
- Normal wear and tear, which may include but is not limited to: discoloration of cover or components, foam compression or cover quilt compression
- Damage from stains or soiling
- Damage from tampering or opening the product
- Damage from misuse and/or abuse
- Damage from laundering, dry-cleaning, or chemical solutions
The warranty is void if:
- Item has been damaged due to tampering or opening
- Item has been damaged due to misuse or abuse
- Item has been sold or transferred to a secondary user (warranty valid to original purchaser only)
- It is LINCOVE’S sole discretion to refuse a warranty claim based upon the condition of the item when returned to LINCOVE’S warehouse.
- Warranty is valid only within the United States, and is non-transferrable.
Your new LINCOVE product is covered by a 20-year limited warranty (the “LINCOVE Warranty”) on product craftsmanship. This limited Warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
A. PRODUCTS COVERED BY THIS LIMITED WARRANTY
B. WHO THIS WARRANTY EXTENDS TO
This limited Warranty extends to the original purchaser of any LINCOVE product. All LINCOVE warranties, including any implied warranties, are valid only for the period of time the product is owned by the original purchaser. The “original purchaser,” for the purposes of this Warranty, is the first purchaser of the product from LINCOVE or a LINCOVE authorized retailer. Please retain a copy of your receipt as proof of purchase. All LINCOVElimited warranties are not transferable.
C. LINCOVE’S LIMITED WARRANTY AND RESPONSIBILITIES
LINCOVE warrants the product in its original packaging sold to you against the defects in material and workmanship set forth below (“Defects”) for a period of 20 years from the time your product is purchased by you, when the product is used normally for its intended purposes.
D. WHAT THIS LIMITED WARRANTY COVERS
This limited Warranty applies to Defects due to faulty workmanship or materials, subject to the limitations described in this warranty.
This limited Warranty does not cover the following:
- Normal increases in softening and settling of materials, or any other normal wear and tear.
- Comfort preference.
- Physical abuse or damage to the structure and/or cover material, including but not limited to, burns, cuts, tears, liquid damage, or stains; provided, that the defect is caused by such abuse or damage.
- Any product (whether manufactured by LINCOVE or not) sold by resellers who are not authorized retailers.
In the event of a Defect, LINCOVE’S sole and exclusive liability and your sole remedy under this limited Warranty will be, at LINCOVE’S option, to provide a repaired or replacement product subject to your fulfillment of “Your Responsibilities” below.
E. YOUR RESPONSIBILITIES
In the event of a Defect and in order to get the benefit of this limited Warranty, you must return your product to LINCOVE and provide LINCOVEwith proof of the original date of purchase. Should shipping costs be required to return your product, you will not be responsible for those costs. Evidence of a Defect and any claims must be sent to the address set forth at the end of this limited Warranty. LINCOVE will repair or replace (as applicable) and ship your product back to you.
Replaced or repaired products are subject to the same limited Warranty as the original Pillow. For example, if you obtain a replaced or repaired product that is the same style and price as the original product, then the warranty term of the replaced or repaired product begins from the date of purchase of the original product.
DISCLAIMER OF WARRANTIES
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
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 THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
NEITHER LINCOVE NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER LINCOVE NOR ANYONE ASSOCIATED WITH LINCOVE REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
LINCOVE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATION ON LIABILITY
IN NO EVENT WILL LINCOVE, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
GOVERNING LAW AND JURISDICTION
LIMITATION ON TIME TO FILE CLAIMS
WAIVER AND SEVERABILITY
YOUR COMMENTS AND CONCERNS
This website is operated by LINCOVE, ADDRESS, CITY, STATE, ZIP.
All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set forth therein.
All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: EMAIL HERE.