Terms of Use
These Phoenix Waterbeds Terms of Use apply to the Internet website and any other digital properties (collectively, “the website”, “the Site”) operated by Online Waterbeds Store LLC dba Phoenix Waterbeds (“Phoenix Waterbeds”, “we”, “us”). The use of the Site, including the purchase of any Products (as defined below) is subject to the following terms of use (the “Terms”) and the terms of our Privacy Policy. Use of this website serves as implicit agreement to abide by these terms. Phoenix Waterbeds reserves the right to change, modify, add or remove any portion of these Terms, in whole or in part, at any time. Changes in these Terms will be effective when posted. Continued use of the website after any changes to these Terms & Conditions of use are posted will be considered acceptance of those changes. Phoenix Waterbeds is not responsible for typographical errors, inaccuracies or omissions of any kind. By using the Site, you are indicating to us that you agree to these Terms as they are written here. If you do not agree to these Terms, please leave and do not use the Site. If you have any questions about the Terms, please contact us at frank.raffield@gmail.com.
OUR PRIVACY POLICY
Please refer to our Privacy Policy to learn about how we collect and use information from and about you. The Privacy Policy is part of these Terms.
YOU MUST BE OVER THE AGE OF 13 TO USE THE SITE AND TO BUY A PHOENIX WATERBEDS PRODUCT
You may not use the Site unless you are over the age of 13. If you purchase a Product via the Site on behalf of another person or organization, then by doing that you represent and warrant to us that you have the right and authority to do so and to bind that other person or organization to these Terms.
CHANGES
The Site allows you to learn about and to purchase soft-side waterbeds, waterbed mattresses and other products (collectively, “Products”).
We may change, suspend, or discontinue any aspect of the Site at any time, including hours of operation or availability of the Site or of any Product or feature, without notice or liability. You agree that Phoenix Waterbeds shall not be liable to you or any third party for any change, modification, termination, suspension or discontinuance on the website. Phoenix Waterbeds may also impose limits on certain features and services or restrict your access to parts or the entire website without notice or liability.
PRODUCT REPRESENTATION
Phoenix Waterbeds will attempt to provide a representation of the products we carry. Although every effort is made to photograph items accurately and to describe products in detail, differences in computer monitors and color profile settings can result in variation. Manufacturer’s materials can vary in color but not in quality. Phoenix Waterbeds is not responsible for these variations. All information concerning products is based on current information at the time of programming.
ELECTRONIC COMMUNICATIONS
By visiting the Site and/or communicating with us by email or by chat via the Site, you are communicating with us electronically and agreeing that we may communicate with you electronically (including by email, chat on the Site, notices posted to the Site, and possibly other means as well). You agree that all such electronic communications (including all notices, disclosures, warranties, and agreements) satisfy any legal requirement that such communication be “in writing.” We may also communicate with you via telephone; please let us know if you would prefer a different method of contact.
CONTENT YOU SUBMIT TO PHOENIX WATERBEDS
From time to time, Phoenix Waterbeds may allow you to submit or post reviews, comments, photos, videos, or similar content or materials on the Site (collectively, “Postings”). We welcome your Postings as long as they are appropriate. Postings may not harass, libel, defame, slander, threaten, or otherwise violate the legal rights of any other person or organization and may not be obscene, pornographic, defamatory, profane, or otherwise unlawful or indecent. We reserve sole and complete discretion over whether to allow or display, and how to use, all Postings. By submitting a Posting to us (via the Site or otherwise), you grant Phoenix Waterbeds 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 includes 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 Phoenix Waterbeds (via the Site or otherwise), you promise to Phoenix Waterbeds each of the following things:
You possess all legal rights, authorizations, and/consents or releases necessary to grant to Phoenix Waterbeds the foregoing rights in your Posting.
Your Posting does not infringe, misappropriate, or violate any legal rights of any other person or organization party or entity.
Phoenix Waterbeds has no obligation to monitor the Site or Postings to the Site. However, we reserve the right to maintain full control over all aspects of the Site, including all Postings, and we may remove, delete, redact, or otherwise modify any Posting at any time, for any reason, with or without notice or further obligation to you. If you do not agree with these terms, please do not submit a Posting. Phoenix Waterbeds does not promise or guarantee that the content of any Posting will be truthful, accurate, or reliable.
CONTENT AND INTELLECTUAL PROPERTY
All content, visual or audio, remain the sole property of Phoenix Waterbeds and subject to applicable copyright or other intellectual property rights law. The text, images, and data on the Phoenix Waterbeds website (www.phoenixwaterbeds.com) are protected by copyright. Phoenix Waterbeds retains all rights, including copyright, in data, images, software, documentation, text, and other information contained in and on the website. Copying or redistribution of data, images, software, documentation, text, and other information in any manner and for any use is strictly prohibited. Violators will be prosecuted to the fullest extent permitted by law.
LIMITATION OF LIABILITY
This website is provided on an "as available" basis without representations or warranties of any kind, either express or implied, including but not limited to warranties of titles, no infringement or implied warranties of merchantability or fitness for a particular purpose. Phoenix Waterbeds does not guarantee that the website delivery will be error-free, uninterrupted or that any information, software or other material available on or accessible through the website is free of harmful components; nor do they make any warranty or representation as to the accuracy of the website and any products or services, or for any breach of security associated with the transmission of sensitive information through the website or any linked website. Phoenix Waterbeds shall not be held liable for any damages of any kind related to use of this website. You agree to identify and hold Phoenix Waterbeds harmless from and against any and all claims, damages, costs, and expenses incurred through use of the website.
LIMITED LICENSE AND SITE ACCESS
You are allowed to use the Site only for your lawful personal use (or personal use on behalf of a third party). You may not use the Site to do or to facilitate any of the following things (or otherwise to violate any laws or legal rights of anyone else):
Copy, imitate, mirror, distribute, publish, download, publicly display, publicly perform, post or transmit any of the Content in any manner or format, and through any means now known or later developed.
Commit fraud or other dishonest act, including by seeking refunds or other compensation or benefits for Product orders that are not legitimate, or about which you are not being completely truthful in your communications with us.
Make commercial use of any Content or any Product available on the Site.
Modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the source code / HTML code underlying the Site.
Use any automated software or tools that are designed to extract and copy data (such as bots, spiders, crawlers, or other similar data-mining, data-gathering, or data-extraction methods) on the Contents of, or source code / HTML code underlying, the Site.
Collect any information about users of the Site.
Attempt to interfere with, disrupt, reverse-engineer, steal from, or gain unauthorized access to, any of the software, technology, or equipment that supports the Site;
Impersonate another person, or misrepresent your affiliation, with a person or entity;
Post advertising or marketing links or content;
Access the Site from anywhere in the world where it is unlawful for you to do so.
You promise to defend, indemnify, and hold harmless Phoenix Waterbeds (including its employees, officers, agents, and advisors) from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging, arising out of, or relating to any violation of these Terms. We will give you prompt notice of any such claim, actions, or demands.
PURCHASING PRODUCTS
We will display on the Site the current prices for all Products available for purchase via the Site. The prices do not include applicable taxes and fees that we are legally required to charge you. We will inform you about any such taxes and/or fees before you are able to complete a purchase order. For example, certain jurisdictions require us to charge and remit separate fees to support those jurisdictions mattress recycling efforts. From time to time we may not charge for standard shipping within the contiguous United States. Advanced shipping options will be available in most cases. Additional fees will apply. The Site currently uses one or more third parties to process payments that you authorize in connection with purchasing Products. We will inform you of the methods of payment that our third party payment processors permit while you are placing your order. All amounts listed and monetary transactions on and via the Site are in U.S. dollars.
TRUTHFUL COMMUNICATIONS
You promise that all of the information that you provide to Phoenix Waterbeds when communicating with us via the Site and/or otherwise, and when purchasing Products from us, will be true, accurate, current, and complete. We are not responsible for problems that you encounter as a result of false, inaccurate, outdated, or incomplete information that you provide to us. For example, when you purchase a Product via the Site, we will ship that Product to the address that you provided while completing your order. If that address is incorrect, you may experience problems with your purchase for which we will not be responsible.
OUR PRIVACY POLICY
Please refer to our Privacy Policy to learn about how we collect and use information from and about you. The Privacy Policy is part of these Terms.
YOU MUST BE OVER THE AGE OF 13 TO USE THE SITE AND TO BUY A PHOENIX WATERBEDS PRODUCT
You may not use the Site unless you are over the age of 13. If you purchase a Product via the Site on behalf of another person or organization, then by doing that you represent and warrant to us that you have the right and authority to do so and to bind that other person or organization to these Terms.
CHANGES
The Site allows you to learn about and to purchase soft-side waterbeds, waterbed mattresses and other products (collectively, “Products”).
We may change, suspend, or discontinue any aspect of the Site at any time, including hours of operation or availability of the Site or of any Product or feature, without notice or liability. You agree that Phoenix Waterbeds shall not be liable to you or any third party for any change, modification, termination, suspension or discontinuance on the website. Phoenix Waterbeds may also impose limits on certain features and services or restrict your access to parts or the entire website without notice or liability.
PRODUCT REPRESENTATION
Phoenix Waterbeds will attempt to provide a representation of the products we carry. Although every effort is made to photograph items accurately and to describe products in detail, differences in computer monitors and color profile settings can result in variation. Manufacturer’s materials can vary in color but not in quality. Phoenix Waterbeds is not responsible for these variations. All information concerning products is based on current information at the time of programming.
ELECTRONIC COMMUNICATIONS
By visiting the Site and/or communicating with us by email or by chat via the Site, you are communicating with us electronically and agreeing that we may communicate with you electronically (including by email, chat on the Site, notices posted to the Site, and possibly other means as well). You agree that all such electronic communications (including all notices, disclosures, warranties, and agreements) satisfy any legal requirement that such communication be “in writing.” We may also communicate with you via telephone; please let us know if you would prefer a different method of contact.
CONTENT YOU SUBMIT TO PHOENIX WATERBEDS
From time to time, Phoenix Waterbeds may allow you to submit or post reviews, comments, photos, videos, or similar content or materials on the Site (collectively, “Postings”). We welcome your Postings as long as they are appropriate. Postings may not harass, libel, defame, slander, threaten, or otherwise violate the legal rights of any other person or organization and may not be obscene, pornographic, defamatory, profane, or otherwise unlawful or indecent. We reserve sole and complete discretion over whether to allow or display, and how to use, all Postings. By submitting a Posting to us (via the Site or otherwise), you grant Phoenix Waterbeds 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 includes 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 Phoenix Waterbeds (via the Site or otherwise), you promise to Phoenix Waterbeds each of the following things:
You possess all legal rights, authorizations, and/consents or releases necessary to grant to Phoenix Waterbeds the foregoing rights in your Posting.
Your Posting does not infringe, misappropriate, or violate any legal rights of any other person or organization party or entity.
Phoenix Waterbeds has no obligation to monitor the Site or Postings to the Site. However, we reserve the right to maintain full control over all aspects of the Site, including all Postings, and we may remove, delete, redact, or otherwise modify any Posting at any time, for any reason, with or without notice or further obligation to you. If you do not agree with these terms, please do not submit a Posting. Phoenix Waterbeds does not promise or guarantee that the content of any Posting will be truthful, accurate, or reliable.
CONTENT AND INTELLECTUAL PROPERTY
All content, visual or audio, remain the sole property of Phoenix Waterbeds and subject to applicable copyright or other intellectual property rights law. The text, images, and data on the Phoenix Waterbeds website (www.phoenixwaterbeds.com) are protected by copyright. Phoenix Waterbeds retains all rights, including copyright, in data, images, software, documentation, text, and other information contained in and on the website. Copying or redistribution of data, images, software, documentation, text, and other information in any manner and for any use is strictly prohibited. Violators will be prosecuted to the fullest extent permitted by law.
LIMITATION OF LIABILITY
This website is provided on an "as available" basis without representations or warranties of any kind, either express or implied, including but not limited to warranties of titles, no infringement or implied warranties of merchantability or fitness for a particular purpose. Phoenix Waterbeds does not guarantee that the website delivery will be error-free, uninterrupted or that any information, software or other material available on or accessible through the website is free of harmful components; nor do they make any warranty or representation as to the accuracy of the website and any products or services, or for any breach of security associated with the transmission of sensitive information through the website or any linked website. Phoenix Waterbeds shall not be held liable for any damages of any kind related to use of this website. You agree to identify and hold Phoenix Waterbeds harmless from and against any and all claims, damages, costs, and expenses incurred through use of the website.
LIMITED LICENSE AND SITE ACCESS
You are allowed to use the Site only for your lawful personal use (or personal use on behalf of a third party). You may not use the Site to do or to facilitate any of the following things (or otherwise to violate any laws or legal rights of anyone else):
Copy, imitate, mirror, distribute, publish, download, publicly display, publicly perform, post or transmit any of the Content in any manner or format, and through any means now known or later developed.
Commit fraud or other dishonest act, including by seeking refunds or other compensation or benefits for Product orders that are not legitimate, or about which you are not being completely truthful in your communications with us.
Make commercial use of any Content or any Product available on the Site.
Modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the source code / HTML code underlying the Site.
Use any automated software or tools that are designed to extract and copy data (such as bots, spiders, crawlers, or other similar data-mining, data-gathering, or data-extraction methods) on the Contents of, or source code / HTML code underlying, the Site.
Collect any information about users of the Site.
Attempt to interfere with, disrupt, reverse-engineer, steal from, or gain unauthorized access to, any of the software, technology, or equipment that supports the Site;
Impersonate another person, or misrepresent your affiliation, with a person or entity;
Post advertising or marketing links or content;
Access the Site from anywhere in the world where it is unlawful for you to do so.
You promise to defend, indemnify, and hold harmless Phoenix Waterbeds (including its employees, officers, agents, and advisors) from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging, arising out of, or relating to any violation of these Terms. We will give you prompt notice of any such claim, actions, or demands.
PURCHASING PRODUCTS
We will display on the Site the current prices for all Products available for purchase via the Site. The prices do not include applicable taxes and fees that we are legally required to charge you. We will inform you about any such taxes and/or fees before you are able to complete a purchase order. For example, certain jurisdictions require us to charge and remit separate fees to support those jurisdictions mattress recycling efforts. From time to time we may not charge for standard shipping within the contiguous United States. Advanced shipping options will be available in most cases. Additional fees will apply. The Site currently uses one or more third parties to process payments that you authorize in connection with purchasing Products. We will inform you of the methods of payment that our third party payment processors permit while you are placing your order. All amounts listed and monetary transactions on and via the Site are in U.S. dollars.
TRUTHFUL COMMUNICATIONS
You promise that all of the information that you provide to Phoenix Waterbeds when communicating with us via the Site and/or otherwise, and when purchasing Products from us, will be true, accurate, current, and complete. We are not responsible for problems that you encounter as a result of false, inaccurate, outdated, or incomplete information that you provide to us. For example, when you purchase a Product via the Site, we will ship that Product to the address that you provided while completing your order. If that address is incorrect, you may experience problems with your purchase for which we will not be responsible.