The ACE COLLECTION

TERMS OF USE

Last Modified: [February 27, 2018]

Welcome to the Ace Collection website (the “Site”), owned and operated by Ace Collection LLC (“Ace Collection,” “we,” or “us”). This page explains the terms by which you may use the Site, including purchase of the Ace Collection products (“Products”) thereon. By accessing or using the Site, or clicking a button or checking a box marked “I Agree” or something similar, you signify that you have read, understood, and agree to be bound by these Terms of Use (these “Terms”), to the collection and use of your information as set forth in the Ace Collection Privacy Policy, and to our Limited Warranty Policy for Products, each of which are hereby incorporated by reference. These Terms apply to all visitors who access the Site (“Users”).

Certain services may be subject to additional terms and conditions specified by us from time to time, and your use of such services is subject to those additional terms and conditions, which are hereby incorporated into these Terms by reference.

Please read these terms carefully to ensure that you understand each provision. These Terms contain a mandatory individual arbitration and class action/jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.

1. Use of Our Site

A. Eligibility

This is a contract between you and the Ace Collection. You must read and agree to these Terms before using the Ace Collection Site. If you do not agree, you may not use the Site. You may use the Site only if you can form a binding contract with the Ace Collection, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Site by anyone under 13 is strictly prohibited and in violation of these Terms. The Site is not available to any Users previously removed from the Site by the Ace Collection.

B. Ace Collection Site

Subject to the terms and conditions of these Terms, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Site for your personal, noncommercial use only and as permitted by the features of the Site. The Ace Collection reserves all rights not expressly granted herein in the Site and the Ace Collection Content (as defined below). The Ace Collection may terminate this license at any time for any reason or no reason.

C. Site Rules

You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Site in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Site in a manner that sends more request messages to the Ace Collection servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that the Ace Collection grants the operators of public search engines revocable permission to use spiders to copy publically available materials from the Ace Collection Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Site; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Site; (vii) collecting or harvesting any personally identifiable information, including account names, from the Site; (viii) using the Site for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Site; (xi) accessing any content on the Site through any technology or means other than those provided or authorized by the Site; or (xii) bypassing the measures we may use to prevent or restrict access to the Site, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or the content therein.

Subject to the terms in these Terms of Use, the Ace Collection grants you a personal, revocable, non-exclusive, non-transferable, royalty-free right, throughout the world, to use and reproduce the downloadable images and Press Release located at https://www.acesize.com/press---media.html[A3]  solely to promote the Ace Collection or otherwise provide press or media coverage for the Ace Collection or its products.

We may, without prior notice, change the Site; stop providing the Site or features of the Site, to you or to Users generally; or create usage limits for the Site. We may permanently or temporarily terminate or suspend your access to the Site without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms.

2. Our Proprietary Rights

The Site and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music (the “Ace Collection Content”), and all Intellectual Property Rights related thereto, are the exclusive property of the Ace Collection and its licensors. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Ace Collection Content. Use of the Ace Collection Content for any purpose not expressly permitted by these Terms is strictly prohibited.

You may choose to or we may invite you to submit comments or ideas about the Site, including without limitation about how to improve the Site or our Products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place the Ace Collection under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, the Ace Collection does not waive any rights to use similar or related ideas previously known to the Ace Collection, or developed by its employees, or obtained from sources other than you.

3. Order and Payment Terms

A. Placing an Order. After you place an order we will review the information you provided for validity by verifying your method of payment, billing, and/or shipping address. Shipping cost is not included in the order. Once the order is placed, the Ace Collection will attempt to contact you within seven (7) business days with a quote for shipping. Once the quote is approved and paid for in full, the order will processed. Orders may not be accepted for delivery to certain addresses and territories based upon your location. For instance, we do not ship internationally. We may contact you (via email or phone) if additional information is required to accept and process your order. Invalid order information may result in delays processing your order. For Product purchases, your receipt of an order confirmation does not constitute the Ace Collection’s acceptance of your order. Without prior notification, the Ace Collection maintains the right to limit the Product order quantity and the right to refuse to sell Products to any customer for any reason or no reason at all. The Ace Collection reserves the right not to sell to resellers, dealers, or distributors. If your order is canceled, we will attempt to notify you using the email address you have given us with the order.


B. No Sales to Children. The Ace Collection does not sell products through its Site for or to children, but only to adults, who can purchase with a credit card or other permitted payment method. If you are under eighteen (18) years of age, you may use the Site only with involvement and consent of a parent or legal guardian.


C. Payment Methods. We accept various payment methods for Product purchases through our Site, including Mastercard, Visa, American Express, and installment payment plans through PayPal. We will bill your payment method when you place an order for a Product through the Site. The Ace Collection will not fulfill any Product order without authorization validation of your purchase from your payment method.

D. Offers. You acknowledge and agree that any offers made available through the Site are subject to change at any time and from time to time.


E. Colors and Other Features. We have endeavored to be as accurate as possible in describing and displaying the colors and other features of the Products made available for purchase through the Site; however, there is no warranty or guarantee that the colors, quality, product descriptions, or other content of the Site is accurate, complete, reliable, current, or error-free.


F. Shipping. As discussed above, shipping cost is not included in the order. Once the order is placed, the Ace Collection will attempt to contact you within seven (7) business days with a quote for shipping. Once the order is processed and you have paid the shipping costs, we will ship the Product(s) you purchase via the shipping method of our choice, on such other terms and conditions (such as applicable shipping and handling fees) that we may disclose to you at the time of your purchase. We do not guarantee the services of any shipping service, and delivery dates and times are estimates and are not guaranteed. We will, however, use commercially reasonable efforts to dispatch the Product to you as soon as reasonably possible after you place your order. During busy times, such as holiday periods and periods of inclement weather, there may be additional processing and shipping delays. You agree to not hold the Ace Collection liable for any shipping issues. Most package carriers have a short time frame in which to initiate claims. We recommend that you inspect your package for damage immediately upon arrival. If there is a problem, contact the delivery service immediately to resolve any problems. Unless otherwise provided by notice from the Ace Collection, all Products are shipped F.O.B. from any place we designate the Products to leave. At our discretion, we may choose to halt, or alter, the delivery of an order, even though it is in the hands of a delivery agent or shipping company. We may do this as a customer service or in cases where we suspect fraud. You agree to pay any additional charges that may arise to do circumstances in which we take such action. At this time, we do not offer international shipping.


G. Returns. Please inspect your new mattress at the time of delivery. You have the option of requesting [A4] a return within five (5) days of delivery.  If your return is accepted, we will refund your money, less shipping charges. In other words, you will not receive a refund for your initial shipping charges. In addition to the initial shipping charges, you will be responsible for all costs associated with shipping the mattress back to the Ace Collection. In order to be eligible for return, you must be able to produce an original receipt, the mattress must be in its original packaging, and the mattress cannot be used, soiled, or otherwise damaged by you.


H. California Residents. The provider of services is set forth herein. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Sites of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

4. Privacy

We care about the privacy of our Users. You understand that by using the Sites you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy[A5] , and to have your personally identifiable information collected, used, transferred to and processed in the United States.

5. Security

The Ace Collection cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

6. Third-Party Links and Information

The Site may contain links to third-party materials that are not owned or controlled by the Ace Collection. The Ace Collection does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or service from the Site, you do so at your own risk, and you understand that these Terms and the Ace Collection’s Privacy Policy[A6]  do not apply to your use of such sites. You expressly relieve the Ace Collection from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Site, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that the Ace Collection shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

7. Indemnity

You agree to defend, indemnify and hold harmless the Ace Collection and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Site, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any content that is submitted via your account including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party’s access and use of the Site with your unique username, password or other appropriate security code.

8. No Warranty

The Site is provided on an “as is” and “as available” basis. Use of the Site is at your own risk. Except for any express Product warranty that the Ace Collection specifically provides to you, to the maximum extent permitted by applicable law, the Site and the Products are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. No advice or information, whether oral or written, obtained by you from the Ace Collection or through the Site will create any warranty not expressly stated herein. Without limiting the foregoing, THE Ace Collection, its subsidiaries, its affiliates, and its licensors do not warrant that the content is accurate, reliable or correct; that the Site will meet your requirements; that the Site will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Site is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Site is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Site.

The Ace Collection does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Site or any hyperlinked website or service, and the Ace Collection will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.

Federal law, some states, provinces and other jurisdictions do not allow the exclusion and limitations of certain implied warranties, so the above exclusions may not apply to you. This agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement will not apply to the extent prohibited by applicable law.

9. Co-sleeping Disclaimer

The Ace Collection products are not designed to be used or otherwise designed for co-sleeping or bed sharing with infants (together, “Co-sleeping” or “Co-Sleep”).  Like any other mattress manufacturer, we recommend that you seek the advice of a medical professional before engaging in such activity. The Ace Collection does not recommend, endorse or make any representation about the safety, appropriateness or suitability of using its products for Co-sleeping. Further, the Ace Collection is not responsible for any medical professionals, publications, or other third parties that recommend or endorse using Ace Collection products for Co-sleeping. TO THE EXTENT THAT YOU DECIDE TO Co-Sleep with any Ace Collection Products, you do so at your own risk. THE ACE COLLECTION IS NOT RESPONSIBLE FOR ANY LOSS OR LAIBLITY ASSOCIATED WITH Co-sleeping, INCLUDING, BUT NOT LIMITED TO, INURY OR DEATH.

10. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall the Ace Collection, its affiliates, agents, directors, employees, suppliers or licensors be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, this service. Under no circumstances will the Ace Collection be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Site or your account or the information contained therein.

To the maximum extent permitted by applicable law, the Ace Collection assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Site; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Site; and/or (vii) the defamatory, offensive, or illegal conduct of any third party. In no event shall the Ace Collection, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to the Ace Collection hereunder or $100.00, whichever is greater.

This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the Ace Collection has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers, exclusions, and limitations of liability under this agreement will not apply to the extent prohibited by applicable law.

The Site is controlled and operated from facilities in the United States. The Ace Collection makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Site if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Site are solely directed to individuals, companies, or other entities located in the United States.

11. Governing Law, Arbitration, and Class Action/Jury Trial Waiver

A. Governing Law. You agree that: (i) the Site shall be deemed solely based in California; and (ii) the Site shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than California. These Terms shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The parties acknowledge that these Terms evidence a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of these Terms shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in Santa Clara County, California for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that Santa Clara County, California is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.


B. Arbitration. Read this section carefully because it requires the parties to arbitrate their disputes and limits the manner in which you can seek relief from the Ace Collection. For any dispute with the Ace Collection, you agree to first contact us at info@acesize.com and attempt to resolve the dispute with us informally. In the unlikely event that the Ace Collection has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in Los Angeles County, California, unless you and the Ace Collection agree otherwise. If you are using the Site for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using the Site for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing the Ace Collection from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights.


C. Class Action/Jury Trial Waiver. With respect to all persons and entities, regardless of whether they have obtained or used the Site for personal, commercial or other purposes, all claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into this agreement, you and the Ace Collection are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.

12. General

A. Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Ace Collection without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.


B. Notification Procedures and Changes to these Terms. The Ace Collection may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by the Ace Collection in our sole discretion. The Ace Collection reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in these

Terms. The Ace Collection is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. The Ace Collection may, in its sole discretion, modify or update these Terms from time to time, and so you should review this page periodically. When we change these Terms in a material manner, we will update the ‘last modified’ date at the bottom of this page and notify you that material changes have been made to these Terms. Your continued use of the Site after any such change constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Site.


C. Entire Agreement/Severability. These Terms, together with any amendments and any additional agreements you may enter into with the Ace Collection in connection with the Site, shall constitute the entire agreement between you and the Ace Collection concerning the Site. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.


D. No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and the Ace Collection’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.


E. Contact. Please contact us at info@acesize.com with any questions regarding these Terms.