Terms of Use
WEBSITE TERMS OF USE
Last revised: September 11, 2019
Acceptance of the Terms of Use
Welcome to our website, MayaLumbini.com, made available to you by or on behalf of Maya Lumbini (the “Company”, “Maya Lumbini”, “our”, “we” or “us”). Your access to our website is subject to the following Terms of Use (“Terms of Use”). These Terms of Use set forth the legally binding terms for your use of MayaLumbini.com, including any and all webpages related thereto (collectively, the “Website”), and any services offered by Maya Lumbini in connection with our Website and will remain in full force and effect while you use our Website or services. You are authorized to use such services and our Website only if you agree to abide by all applicable laws, rules and regulations and these Terms of Use.
Please read these terms of use carefully before using the website as they contain important information regarding your legal rights and obligations. If you object to anything in these terms of use (as amended from time to time), including the privacy policy, or are dissatisfied without website or services, your sole and exclusive remedy is to discontinue using our website or services.
Your use of the website in any form signifies your unconditional acceptance of and agreement to be bound by these terms of use and shall have the same force and effect as if you had actually signed an agreement embodying these terms.
Use of any part of our Website or services is void where prohibited. By using our Website or services, you represent and warrant that (a) all information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use; (d) you have the authority to enter into these Terms of Use; and (e) your use of our Website or services does not and will not violate any applicable law, regulation or agreement.
If you have any questions about these Terms of Use, please contact us.
Modifications
We reserve the right to modify or amend these Terms of Use at any time, in our sole discretion, without prior notice to you. All changes will be effective immediately upon their posting on the Website. It is your responsibility to review these Terms of Use from time to time to take notice of any changes we made. By accessing the Website following the posting of changes to the Terms of Use, you agree to all such changes. Maya Lumbini will indicate at the top of the page the date these Terms of Use were last revised.
Maya Lumbini’s Privacy Policy
The personally identifiable information that you provide us when using our Website (including purchasing products) is subject to our Privacy Policy, which is incorporated by reference into and is a part of these Terms of Use. Please take the time to review the important information contained in our Privacy Policy regarding our collection and use of this information.
Maya Lumbini reserves the right at all times to disclose the contact, personal information and any other information of a user as is necessary to satisfy any law, regulation or government request, to the fullest extent of applicable law.
If you follow a link to a third party website, we no longer control the use of any information you provide. You should review the privacy practices of the third party’s website carefully before engaging in any transactions or providing any information on such website(s).
Terms of Sale
The terms of sale with regard to the placement of orders and the purchase of mattresses or other products from Maya Lumbini through the Website are governed by the Terms of Sale and other purchase-related policies available on the Website, such as the “Warranty” and “Return Policy”, which are in effect at the time of purchase. Additionally, please know AL, AZ, CA, CO, CT, DC, FL, GA, ID, IL, IN, IA, KY, LA, ME, MD, MA, MI, MN, MS, NE, NV, NJ, NY, NC, ND, OK, RI, SC, SD, TX, UT, VT, VA, WA, WI and WY are where Maya Lumbini has nexus and/or are states that require us to charge tax, sales tax will be applied to your order. For all other states where we do not have nexus you are able to pay the tax on your tax return under ‘user tax’.
Intellectual Property Rights and Restrictions
The Website and all of the content now or hereafter included thereon, including without limitation, all photographs, images, designs, text, articles, publications, catalogs, digital downloads, product information, software, code, technology, data, video and audio, graphics, logos, icons, slogans, trade names, product/service names, trademarks, service marks, domain names, and the “look and feel”, design, selection and arrangement of the Website as a collective work and/or compilation (collectively the “Content”) are protected by international laws regarding copyrights, trademarks, trade dress, unfair competition and other intellectual property or proprietary rights and are owned or licensed, as the case may be, by Maya Lumbini, except to the extent otherwise expressly indicated or attributed in the Content. For the avoidance of doubt, the distinctive and original layout and presentation of this Website constitutes protectable trade dress under applicable federal law.
Names, brands and marks of third parties may be the trademarks or registered trademarks of their respective owners and are used by Maya Lumbini subject to license, or used for identification purposes only. You may not use the marks for any purpose except s authorized below.
Maya Lumbini grants you a non-exclusive, non-transferable, revocable, limited right to access, use and display the Website and its Contents solely for your personal, noncommercial (other than for the purchase of merchandise from Maya Lumbini) use only. Except as otherwise provided herein, you may not copy, reproduce, duplicate, modify, create derivative works from, publicly display or perform, publish, republish, transfer, sell, download (other than page caching on your web browser), store, transmit, distribute or exploit this Website (or any portion thereof), its contents, any materials downloadable therefrom, or any related software, without the express prior written consent of Maya Lumbini. Any other use of the Content is strictly prohibited.
You may not use the trademarks, logos and service marks of Maya Lumbini in connection with any product or service that is not expressly authorized by Maya Lumbini, in any manner that is likely to cause consumer confusion or in any manner that disparages or discredits Maya Lumbini.
Any unauthorized use, reproduction or distribution of any copyrighted materials, trade dress, marks, or any other intellectual property belonging to Maya Lumbini or any third party is strictly prohibited, and may be prosecuted to the fullest extent of the law.
Suspension of Use
We reserve the right, in our sole discretion, to terminate or suspend your access to, and/or use of, the Website, or any portion thereof, at any time, with or without notice, and/or to refuse service, terminate accounts and/or cancel orders if we reasonably believe that your actual or intended conduct violates applicable law, rule or regulation, these Terms of Use, or any other policy, term, condition or disclaimer set forth on this Website or is otherwise harmful to the interests of Maya Lumbini. Maya Lumbini will have no liability to you if the Website is discontinued or your ability to access our Website is terminated.
Copyright Violations
If you believe that your copyright in any material has been infringed by material available on this Website, please provide us with all of the following information in the form prescribed by Section 512 of Title 17, United States Code:
(a) a description of the copyrighted work you claim has been infringed,
(b) a description of the material that you claim is infringing, identified with sufficient detail for us to identify it,
(c) your address, telephone number and email address,
(d) a statement by you that you have a good faith belief that the disputed use is not authorized
(e) a statement by you declaring under penalty of perjury that the above information is true and that you are the owner of the copyrighted interest or authorized to act on the copyright owner’s behalf, and
(f) a physical or electronic signature of the person authorized to act on behalf of the copyright owner’s interest.
You understand and agree that: (1) Maya Lumbini assumes no liability or responsibility for any third party content or material of any kind that is submitted to or posted on the Website by you or by any other users or third parties, and (2) Maya Lumbini is merely a transmitter of any such content, and is acting solely as an Internet Service Provider as such term is defined in the Digital Millennium Copyright Act (DMCA).
We will promptly address any alleged infringement. Please direct all such notifications to: Charlotte@MayaLumbini.com and insert “Re: Copyright Violation” in the subject line header of the email.
Changes to Website
We expressly reserve the right, with or without notice to you, to change, suspend, discontinue and/or restrict the Website or any portion or aspect thereof (including site maps, menu structures, access procedures, buttons, and/or any products, services, catalogs, publications, digital downloads, data or other information contained or available on the Website) at any time, for any reason, and without liability to you.
Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to do any of the following:
use the Website in any way that violates the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction, including any applicable federal, state, local and international law or regulation;
use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website or otherwise use any device, software or routine that interferes with the proper working of the Website;
attempt to interfere with the proper working of our Website or services;
use any robot, spider or other automatic device, process or means to access the Website or to obtain user or other information from the Website (including, without limitation, any information residing on any server or database connected to the Website), other than on behalf of a publicly-accessible search engine;
intercept or attempt to intercept electronic mail not intended for you;
use any manual process to monitor or copy any of the Content on the Website or for any other unauthorized purpose without our prior written consent;
introduce any viruses, trojan horses, worms, code, or other material which is malicious or technologically harmful;
attempt to gain unauthorized access to, interfere with, hack into, attack, decrypt, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website;
attempt to decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Website;
misrepresent an affiliation with any person or organization;
restrict or inhibit use of our Website or services by others;
take any action that imposes an unreasonable or disproportionately large load on Maya Lumbini’s infrastructure;
collect information about others (including e-mail addresses) without their consent;
download a file or software or include in a message any software, files or links that you know, or have reason to believe, cannot be distributed legally over our Website or services, or that you have a contractual obligation to keep confidential (notwithstanding its availability on our Website or services); or
engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of our Website or services, or which, as determined by Maya Lumbini, may harm Maya Lumbini or users of this Website or expose them to liability.
Links to Third Party Websites
The Website may link to Internet websites and resources operated by third parties. The inclusion of any link to such websites does not imply the endorsement, affiliation or recommendation by Maya Lumbini of such other website(s), and is for your reference and convenience only. Maya Lumbini has no control over such other websites or their policies and expressly disclaims all responsibility or liability in connection therewith. Clicking through to any third party website is at your own risk and subject to the terms and conditions of the third party website, which you should review carefully before engaging in any transactions or providing information on such website(s).
Colors and Textures
Maya Lumbini attempts to assure that the display of the colors and textures of our products that appear on the Website as accurate as reasonably possible. However, as the actual colors and textures you see will depend on your monitor and printer, we cannot guarantee that your monitor’s display of any color will be 100% accurate.
Inaccuracy Disclaimer
Maya Lumbini does not guarantee that the information or Content contained on this Website will not contain errors, inaccuracies or omissions. From time to time there may be information on the Website that contains typographical errors, inaccuracies and/or omissions that may relate to colors, product descriptions, pricing, availability or other Content on this Website. Maya Lumbini reserves the right to correct any errors, inaccuracies or omissions and to change or update information or Content at any time, each without prior notice to you (including prior to fulfilling any order that you may have submitted). Further, Maya Lumbini reserves the right to refuse or cancel any orders containing any error, inaccuracy or omission, whether or not the order has been submitted, confirmed and/or your credit card has been charged. If your credit card has been charged for the purchase and your order is canceled, Maya Lumbini will promptly issue a credit to your credit card.
If you have you have any questions or in the unlikely event encounter such an experience, please email us at Charlotte@MayaLumbini.com.
User-Generated Content
The Website may contain message boards, chat rooms, blogs, review pages, personal web pages, email capabilities, profiles, forums, bulletin boards and other interactive features (collectively, “Interactive Services”) that allow you post, submit, publish, display or transmit to other users (hereinafter “post”) content or materials on or through the Website or to submit suggestions, feedback or inquiries to Maya Lumbini (collectively, “User Generated Content”). All User Generated Content must comply with the Content Standards set out below in these Terms of Use and will be considered non-confidential and non-proprietary.
By submitting User Generated Content, you automatically grant to Maya Lumbini and its affiliates the irrevocable, perpetual, non-exclusive, worldwide, royalty-free, fully-paid, transferable and sub-licensable right and license to use, reproduce, modify, adapt, transmit, publish, sell, assign, translate, distribute, publicly display and perform, and create derivative works from the User-Generated Content submitted by you, in each case in any media now or hereafter known and in any manner for any purpose with no monetary compensation due to you at any time. By submitting User-Generated Content, you: (i) represent and warrant that you either own or control all right, title and interest in and to the User-Generated Content and that you have the right to grant Maya Lumbini and its affiliates the license granted above; (ii) represent and warrant that all information you provide in such User-Generated Content is true, accurate and complete, and does not violate these Terms of Use, the Content Standards, or the terms of any third party license; and, (iii) waive any moral rights you may have in such User-Generated Content, including if such User-Generated Content is changed in a manner not agreeable to you.
You understand and acknowledge that you are solely responsible for the User-Generated Content you submit to or otherwise make available on the Website. Maya Lumbini has no duty to monitor, pre-screen or regularly review submissions of User-Generated Content made to the Website. Notwithstanding the foregoing, Maya Lumbini has the right, but not the obligation, to edit, refuse to post, or remove any User-Generated Content which it deems inappropriate or in violation of these Terms of Use (including the Content Standards), in Maya Lumbini’s sole discretion. Maya Lumbini’s does not take any responsibility and does not assume any liability for any User-Generated Content posted by you or any other user, including the failure to maintain the same. All opinions expressed by users in User-Generated Content are expressed strictly in such user’s individual capacity and do not reflect the opinion of Maya Lumbini. All decisions regarding User-Generated Content and compliance with these Terms of Use will be determined by Maya Lumbini in its sole discretion. If you do not agree to these terms, do not submit any User-Generated Content.
Content Standards
These content standards (the “Content Standards”) apply to any and all User Generated Content. User Generated Content must not:
contain any material which is libelous, defamatory, obscene, pornographic, indecent, hateful, inflammatory or otherwise illegal;
promote, offer or advertise the products or services of any person or entity other than Maya Lumbini, involve commercial activities or commercial solicitations, or the solicitation of any funds or consideration.
be threatening, abusive, or disruptive to Maya Lumbini or users of the Website (including without limitation repetitive, meaningless or harassing messages, personal attacks, etc.) or cause injury, embarrassment or harm to any person or entity;
abuse or discriminate on the basis of race, religion, nationality, gender, sexual orientation, age, disability, etc.;
infringe the intellectual property rights, including without limitation copyrights and trademarks, of any other person or entity;
use another person’s name or impersonate or attempt to impersonate another person or entity, including Maya Lumbini or any of its representatives, or use a fake or alternative identity that is misleading or is for a deceptive purpose;
violate any applicable law or violate the rights of any other person or entity; or
contain any software viruses, political campaigning, chain letters, mass mailings, “worms” or constitute any form of “spam” or other communication in violation of the CAN-SPAM Act of 2003 (Controlling the Assault of Non-Solicited Pornography and Marketing Act).
User Identity
Maya Lumbini does not warrant or claim to have verified the identity of any user providing User Generated Content. While prohibited by the Content Standards, there may be users who post under a false identity. Maya Lumbini reserves the right at all times to disclose the contact, personal information and any other information of a user as is necessary to satisfy any law, regulation or government request, to the fullest extent of applicable law.
Maya Lumbini will cooperate with any governmental authority in connection with any inquiry into any user or any User Generated Content and may disclose information pertaining to any User Generated Content to any governmental authority as may be requested.
Disclaimer
You acknowledge and agree that:
This site is provided by Maya Lumbini on an “as is”, “as available” basis. Your use of the site, its contents, and any services or products obtained through the website is at your own risk and, except as otherwise expressly provided, Maya Lumbini makes no representations or warranties of any kind, express or implied, with respect to the website and the information, content, services, or products available from this website, or that the website will be secure, accurate, reliable, error-free, uninterrupted, or free of viruses or other harmful components.
To the fullest extent permissible by applicable law and except as otherwise expressly provided, Maya Lumbini hereby disclaims all warranties of any kind, express or implied, with respect to the website and the information, content, services, or products available from this site, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Because our Website is provided to you “AS IS,” you agree that Maya Lumbini shall not be liable to you or to any third party for any delay in delivery of, or failure to deliver, any of your communications, or other information you submit using our Website. Because our Website is provide to you “AS AVAILABLE,” you agree that Maya Lumbini shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Maya Lumbini Website or of your ability to access it.
Maya Lumbini also disclaims any warranty that (i) our Website will meet your requirements, (ii) our Website’s operation will be uninterrupted, timely, secure, or error-free, and (iii) any information or communication that may be obtained from the use of our Website will be accurate or reliable (and Maya Lumbini disclaims any liability for damages that may arise from your reliance on any such information or communication).
You assume the full responsibility and risk for any damage to your computer or other consequences that result from your downloading any information, software, or other materials through our Website. Maya Lumbini shall have no liability for any damage to your computer, including loss of data that results from your downloading any such materials.
Some states do not allow the disclaimer of implied warranties, so this provision may not apply to you.
Limitation of Liability
You agree that Maya Lumbini, its licensees, licensors, and affiliates shall not be liable for any damages whatsoever, including but not limited to direct, indirect, incidental, special, consequential, exemplary, or punitive damages, such as damages for lost profits or loss of goodwill, use, or data (even if Maya Lumbini has been advised of the possibility of such damages), that result from: (a) your use of or inability to use the Maya Lumbini website; (b) access to or alteration of your personally identifiable information or other information in an unauthorized matter; (c) representations or conduct of any third party related to the Maya Lumbini website; or (d) any other matter relating to the Maya Lumbini website. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to you.
Your sole remedy for dissatisfaction with the website is to stop using the website. Maya Lumbini’s liability to you for any cause whatsoever, regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Maya Lumbini for the service, information or product on which such cause of action is based.
Indemnification
You shall indemnify and hold harmless Maya Lumbini, its affiliates, and their respective officers, managers, members, agents, employees, service providers, suppliers, licensors and licensees (collectively the “Indemnified Parties”) from and against any and all losses, damages, liabilities, fees, costs, and expenses (including, without limitation, reasonable attorneys’ fees) incurred by the Indemnified Parties in connection with any claim, matter, action, cause of action, or suit, whether civil, criminal, administrative or investigative (each, a “Proceeding”) arising out of, based upon, the use of the Website, any User-Generated Content submitted, or the breach or alleged breach of these Terms of Use by you or any other user of your account. In no event shall you settle any such Proceeding without the written consent of Maya Lumbini.
Choice of Law
These Terms of Use shall be governed by and construed in accordance with the internal laws of the State of New York, without regard to its principles of conflict of laws.
Dispute Resolution; Arbitration
Most customer concerns can be resolved quickly and to a customer’s satisfaction by contacting us at Charlotte@MayaLumbini.com or contacting and/or chatting with us live here. We strive to exceed our customer’s expectations and resolve any concerns in a timely and satisfactory manner without the need for formal dispute resolution procedures.
This provision facilitates the prompt and efficient resolution of any disputes that may arise between you and s. Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision.
Any controversy or claim arising out of or relating to the use of this Website, any product or services provided by Maya Lumbini on or through this Website, shall be settled on an individual basis by arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Claims shall be heard by a single arbitrator. The place of arbitration shall be New York, New York. The arbitration shall be governed by the laws of the State of New York. The arbitrator will have no authority to award punitive or other damages not measured by the prevailing party’s actual damages, except as may be required by statute. Each party shall bear its own costs and expenses and an equal share of the arbitrator’s and administrative fees of arbitration. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.
You hereby irrevocably waive any objections on the basis of forum non-conveniens, venue, and jurisdiction. No action with respect to this Website (or to products or services purchased through the Website) shall be joined to an action involving any other party, whether through class proceedings or otherwise.
You agree that any Action arising out of or related to the Website (or to products or services purchased through the Website) must commence within one (1) year after such Action accrues, otherwise, such Action is permanently barred. Notwithstanding the foregoing, if you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any court of competent jurisdiction (including in any Other Jurisdiction with respect to a Non-U.S. User).
Severability; Waiver
If for any reason a court of competent jurisdiction finds any provision (or portion thereof) of these Terms of Use to be unenforceable, the remaining provisions (or portions thereof) shall be enforced to the maximum extent permissible and shall continue in full force and effect so as to effect the intent of these Terms of Use. No waiver or failure to exercise or enforce any right or provision of these Terms of Use shall be deemed a further or continuing waiver of such right or provision or any other right or provision.
Entire Agreement
These Terms of Use (including our Privacy Policy and any other documents or policies appearing on the Website) constitute the entire agreement between you and Maya Lumbini with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.
Purchases on Behalf of a Company or Organization
If you are an individual and intend to use products or services purchased from Maya Lumbini in performing your duties on behalf of a company or organization (the “Primary Customer”), either as an employee or independent contractor and either directly for the Primary Customer or in providing services at the direction of the Primary Customer, these Terms of Use are also between Maya Lumbini and the Primary Customer, and you hereby represent and warrant that you have the authority to enter into these Terms of Use on the Primary Customer’s behalf and agree that you are entering into these Terms of Use on behalf of the Primary Customer as well as yourself and that both you and the Primary Customer are bound by these Terms of Use (you and the Primary Customer being referred to herein individually and collectively as “you”).
Contact Us
If you have any questions about these Terms of Use or want to request permission to reproduce Content from this Website, please E-mail us at: Charlotte@MayaLumbini.com
© 2019 Maya Lumbini. All rights reserved.
