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Terms of Service
Overview
Effective as June 2023
This website (the “Site”) is operated by Coop Home Goods, LLC (“Coop Home Goods”). Throughout the Site, the terms “we”, “us” and “our” refer to Coop Home Goods. Coop Home Goods offers this Site, including all information, tools, features, products and services available on and through this Site (collectively with the Site, the “Service”) to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here (these “Terms of Service”, “Terms”).
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING OR USING THE SERVICE. YOUR ACCESS TO AND USE OF THE SERVICE CONSTITUTES YOUR ACCEPTANCE OF, AND AGREEMENT TO BE BOUND BY, THESE TERMS OF SERVICE, INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN.
TO THE EXTENT PERMITTED BY LAW, BY USING THE SERVICE, YOU ARE AGREEING TO ARBITRATE DISPUTES AGAINST US IN YOUR INDIVIDUAL CAPACITY, AND YOU ARE WAIVING YOUR RIGHT TO ACT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
These Terms of Service apply to all users of the Service, including without limitation, users who are visitors, browsers, vendors, customers, merchants, and/ or contributors of content. If you do not agree to all the terms and conditions in these Terms of Service, then you may not access the Site or use the Service. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the Site shall also be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting such updated version of these Terms of Service on the Site. All updates and/or changes will be effective immediately upon posting. We encourage you to check this page each time you visit the Site. Your continued use of the Service following the posting of any updates and/or changes to these Terms of Service constitutes your acknowledgement and acceptance of those updates and/or changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Section 1 - Online Store Terms
By agreeing to these Terms of Service, you represent and warrant that you are not prohibited by law from accessing or using the Service in your jurisdiction, that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use the Service. IF YOU ARE A PARENT OR GUARDIAN AGREEING TO THIS AGREEMENT FOR THE BENEFIT OF A MINOR, THEN YOU AGREE TO AND ACCEPT FULL RESPONSIBILITY FOR THAT CHILD’S USE OF THE SERVICE, INCLUDING ALL FINANCIAL CHARGES AND LEGAL LIABILITY THAT HE OR SHE MAY INCUR.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
Section 2 - General Conditions
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in these Terms of Service are included for convenience only and will not limit or otherwise affect these Terms.
Section 3 - Accuracy, Completeness And Timeliness Of Information
We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk.
This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.
Section 4 - Modifications To The Service And Prices
The price for all goods will be as quoted on our Site and we reserve the right, in our sole discretion, to change the price for any goods, at any time, for any reason. The prices displayed on the Site are quoted in U.S. dollars and are valid and effective only in the United States. Prices and availability information are subject to change without notice. Prices do not include any applicable taxes, brokerage costs or customs duties, where applicable, or delivery costs, all of which you agree to pay.
We reserve the right, in our sole discretion, at any time, to modify, suspend or discontinue (temporarily or permanently) the Service (or any part, feature or content thereof), or discontinue any transaction through the Service, without notice at any time and without liability therefor.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. All purchases through the Service are made pursuant to a shipping contract. This means that the risk of loss and title for such items pass to you upon our delivery of such items to the shipping carrier. You are responsible for filing any claims directly with the applicable carrier for damaged, missing and/or lost shipments.
Section 5 - Products Or Services (If Applicable)
Certain products or services may be available exclusively online through the Site. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy
Acknowledgement of your order means that we have received your order request; it does not mean that your order has been accepted or shipped, or that the price or availability of an item has been confirmed. We must verify an item's availability before it is shipped.
We reserve the right to refuse service to anyone or discontinue any product for any reason at any time. Any offer for any product or service made on this Site is void where prohibited. We reserve the right, but are not obligated, to (i) limit the sales of products or availability of the Service to any person, geographic region or jurisdiction; (ii) limit the quantities of products available for purchase per order; (iii) discontinue any product at any time; and (iv) refuse or cancel any order for any reason. We further reserve the right to: (a) limit or prohibit orders that, in our sole discretion, appear to be placed by dealers, resellers or distributors; and (b) limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card and/or orders that use the same billing and/or shipping address. We may exercise these rights on a case-by-case basis. In the event that we refuse or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
We have made every effort to be as accurate as possible when describing and displaying products on the Service. However, items may occasionally be mispriced, described inaccurately or unavailable (for example, due to delays with respect to updating the Service or our advertising on other websites). Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We cannot guarantee that your computer monitor's display of any color will be accurate. The particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colors of products offered on the Service.
FOR THESE REASONS AND OTHERS, COOP HOME GOODS DOES NOT NOR CAN NOT GUARANTEE THE ACCURACY, RELIABILITY, CURRENCY OR COMPLETENESS OF THE INFORMATION ON THE SERVICE, INCLUDING PRICES, PRODUCT IMAGES, DESCRIPTIONS, SPECIFICATIONS, AND INDICATIONS OF AVAILABILITY. COOP HOME GOODS RESERVES THE RIGHT TO CHANGE OR UPDATE INFORMATION, INCLUDING PRODUCT DESCRIPTIONS AND PRODUCT PRICING, AND TO CORRECT ERRORS, INACCURACIES OR OMISSIONS AT ANY TIME, WITHOUT PRIOR NOTICE
Section 6 - Accuracy Of Billing And Account Information
You agree to provide current, complete and accurate purchase and account information for all purchases made on our Site. You agree to promptly update your account and other information, including your email address, so that we can complete your transactions and contact you as needed.
Section 7 - Optional Tools
We may provide you with access to third-party tools over which we have no control or input and which we do not monitor.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the Service is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the Service (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Section 8 - Third-Party Links
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this Site may direct you to third-party websites that are not affiliated with us, such as Facebook, Instagram, Twitter and YouTube. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. BY CLICKING ON LINKS TO THIRD-PARTY SITES, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SUBJECT TO THE TERMS OF SUCH SITES, AND THAT WE HAVE NO LIABILITY WHATSOEVER WITH RESPECT THERETO.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Section 9 - Proprietary Rights; Limited License
As between you and us, we own, solely and exclusively, all rights, title and interest in and to the Site, the Service, all the content (including, but not limited to, all text, audio, photographs, images, illustrations, renderings, drawings, reports, papers, research, other services, graphics, charts, logos, widgets, gadgets, applets, other distributable applications, other visuals, video and copy), software, code, data, information and other materials thereon (collectively, the “Site Content”), the look and feel, design and organization of the Service, and the compilation of the Site Content, including but not limited to any copyrights, trademark rights, patent rights and other intellectual property and proprietary rights therein. Your use of the Service does not grant to you ownership or title of, in or to any Site Content or any other part of the Service.
The trademarks displayed on the Service are the trademarks, logos, service marks, and/or trade dress of Coop Home Goods or other third parties, and may not be used without the prior express written permission of the applicable owner. Nothing contained on the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo, service mark or trade name displayed on the Service without the written permission of the rights holder. The use of third-party trademarks, logos, service marks or trade names on the Service does not, in itself, constitute an endorsement of any third party or its products or services, or such third party’s endorsement of Coop Home Goods or its products.
Except as specifically provided herein, none of the Site Content may be used, copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, without prior written permission from us in each instance. Subject to the terms and conditions set forth in these Terms of Service, we grants you a non-exclusive, non-transferable, limited license to access, view, use and display the Service and Site Content on your computer or other Internet-enabled device, and to electronically copy and print portions of the Service for the sole purpose of placing an order with us or using the Service as a shopping resource. The Service and Site Content are for your personal and non-commercial use only (except with respect to wholesale accounts). Any other use the Service or Site Content - including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display, performance, or any use of data mining, robots, or similar data gathering and extraction tools - is strictly prohibited without the prior written permission of Coop Home Goods.
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; (3) to respond to any Comments; or (4) to use any Comments. You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You further agree that you will not transmit any content through the Service that contains libelous or otherwise unlawful, abusive or obscene material, or contains any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties through your use of the Service.
Section 10 - Personal Information; User Accounts
Your submission of personal information through the store is governed by our Privacy Policy. Please review our Privacy Policy in order to learn about our practices with respect to the collection and processing of your personal information, which is accessible at https://coopsleepgoods.com/pages/privacy-policy. The Privacy Policy is hereby incorporated by reference into these Terms. By using the Service, you agree to the terms of the Privacy Policy.
If you register an account on the Service, you:
- must not allow any third party to access the Service using the email address you provided during the registration process (“Log-In ID”) and password;
- are prohibited from using anyone else's Log-In ID and password to access the Service;
- are responsible for any use of the Service by any third party who accesses the Service using your Log-In ID and/or password;
- will notify us immediately if you suspect any unauthorized use of the Service or of your Log-In ID and/or password; and
- are responsible for ensuring that any information that you provide to us as part of the account registration process is accurate and is kept up to date at all times, and you will notify us immediately of any changes to this information.
By creating an account, you consent to receive electronic communications from us, which may include notices about your account and other transactional information. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy.
Section 11 - Errors, Inaccuracies And Omissions
Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Section 12 - Prohibited Uses
In addition to other prohibitions as set forth in these Terms of Service, you are prohibited from using the Service or any Site Content: (i) for any unlawful purpose, including without limitation, to conduct fraudulent transactions; (ii) to solicit others to perform or participate in any unlawful acts; (iii) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (iv) to infringe upon, misappropriate or violate our intellectual property rights or the intellectual property rights of others; (v) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, disability, ancestry, place of origin, color, citizenship, creed, gender identity, gender expression, marital status, family status or other protected characteristic under applicable law; (vi) to submit false or misleading information; (vii) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that could affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (viii) to collect or track the personal information of others; (ix) to spam, phish, pharm, pretext, spider, crawl, or scrape; (x) for any obscene or immoral purpose; or (xi) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website, at any time and without prior notice, for violating any of the prohibited uses or these Terms of Service.
Section 13 - Disclaimer Of Warranties; Limitation Of Liability
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. Further, we do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
We do not warrant and expressly disclaim, to the fullest extent permitted by applicable law, that the results that may be obtained from accessing the Site and the use of the Service will be accurate, reliable, complete, legal or safe. THE SERVICE IS VOID WHERE PROHIBITED OR OTHERWISE RESTRICTED BY APPLICABLE LAWS. WE WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR TAKEN IN RELIANCE ON MATERIAL OR INFORMATION CONTAINED ON THE SITE OR SERVICE.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your reliance on, use of, or inability to use, the Service is at your sole risk. The Site, the Service and all content, products and services delivered to you through the Site are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Coop Home Goods, our past, present or future, parent, affiliates or subsidiaries, or any of our or their respective directors, members, managers, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, licensors, successors or assigns be liable to you or any third party for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, exemplary, or consequential damages of any kind, under any legal theory, including, without limitation, personal injury, pain and suffering, emotional distress, lost profits, lost revenue, lost savings, lost business or anticipated savings, loss of use, loss of goodwill, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising out of or related to the availability, use, reliance on, or inability to use the Site, the Service or any products procured using the Service, or for any other claim related in any way to your use of the Site or the Service or any product offered by us, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content or product posted, transmitted, or otherwise made available via the Service, even if foreseeable and even if advised of their possibility. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR FOR DISPUTES AGAINST US IS TO DISCONTINUE YOUR USE OF THE SITE AND/OR SERVICES. NOTHING IN THIS AGREEMENT SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THIS AGREEMENT.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF, RELATED TO OR BASED UPON YOUR USE OF THE SERVICE EXCEED THE AMOUNTS YOU HAVE PAID US.
Section 14 - Indemnification
By using the Services, you agree to indemnify, defend and hold Coop Home Goods and its past, present and future parent, affiliates and subsidiaries, and each of their respective officers, directors, members, managers, employees, service providers, agents, contractors, successors and assigns (collectively, the “Indemnified Parties”) harmless from and against any and all claims, demands, actions, damages, losses, liabilities, penalties, fines, judgments, settlements, costs and expenses (including without limitation, reasonable attorneys’ fees and expenses, including any incurred in enforcement of this indemnity) (collectively, “Losses”) arising in any way from or in connection with (i) your use, or misuse, of the Site or Services or any goods and services available or purchased on or through the Site or Services: (ii) any violation by you of these Terms, our Privacy Policy or any other policy posted on the Site applicable to your use of the Site or the Services; (iii) any Comments you provide to us; and (iv) any violation of the rights of a third-party. The Indemnified Parties reserve the right to assume the exclusive defense and control of any matter subject to indemnification hereunder, in which event, you agree to assist and cooperate with us in the defense or settlement of any Losses.
Section 15 - Arbitration
a. General. In the interest of resolving disputes between you and Coop Home Goods in the most expedient and cost effective manner, you and Coop Home Goods agree that any dispute arising out of or in any way related to these Terms of Service (including the SMS Terms and Conditions, below) will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Terms of Service (including the SMS Terms and Conditions, below), or your receipt of text messages from Coop or its service providers whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a claim arises. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE TERMS OF SERVICE AND THE SMS TERMS AND CONDITIONS, YOU AND COOP HOME GOODS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE TERMS OF SERVICE AND THE SMS TERMS AND CONDITIONS SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.
b. Exceptions. Notwithstanding subsection (a) above, nothing in these Terms of Service or the SMS Terms and Conditions will be deemed to waive, preclude, or otherwise limit the right of you or Coop Home Goods to: (i) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (ii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iii) file suit in a court of law to address an intellectual property infringement claim.
c. Arbitration Process. Unless otherwise agreed upon by the parties in writing, the arbitration will be conducted before one arbitrator in Orange County, California, and will be governed by the American Arbitration Association’s (“AAA”) Commercial Dispute Resolution Procedures and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively, the “Rules and Procedures”), as may be modified by these Terms of Service and the SMS Terms and Conditions. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Coop Home Goods. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
d. Notice Process. If you or Coop Home Goods intends to seek arbitration, then the party seeking arbitration must first send a written notice of the dispute to the other party by U.S. Mail (“Notice”). Coop Home Goods’ address for Notice is: 150 Paularino Ave., Suite D-170, Costa Mesa, California 92626, Attn: Chief Executive Officer. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). You and Coop Home Goods will make good faith efforts to resolve the claim directly, but if you and Coop Home Goods do not reach an agreement to do so within 30 days after the Notice is received, either party may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Coop Home Goods must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.
e. Fees. If you commence arbitration in accordance with this Section 15, we will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. If the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse us for all monies previously disbursed by us that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. Each party agrees that such written decision, and information exchanged during arbitration, will be kept confidential except as may be required by law or to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from you or us, which is made within 14 days of the arbitrator's ruling on the merits. In addition, the arbitrator may award any individual relief or individual remedies that are permitted by applicable law.
f. No Class Actions. To the fullest extent permitted by applicable law, you and Coop Home Goods agree that ANY CLAIMS BROUGHT BY YOU AGAINST COOP HOME GOODS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF.
g. Modifications to this Arbitration Provision. Notwithstanding anything to the contrary in these Terms of Service, if we make any future change to this arbitration provision, other than a change to our address for Notice, you may reject the change by sending us written notice within 30 days of the change to our address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Coop Home Goods.
h. Enforceability. Without limiting any other provision of these Terms of Service, if an arbitrator decides that applicable law precludes enforcement of any of the limitations of subsection (f) above (addressing class, representative and consolidated proceedings) as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in court.
Section 16 - Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions, which shall remain in full force and effect.
Section 17 - Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms of Service for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by discontinuing your use of the Service.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may: (a) terminate this agreement at any time without notice and you acknowledge and agree that (i) we shall have no liability or obligation to you in such event, (ii) you will not be entitled to a refund of any amounts that you have already paid to us, and (iii) to the fullest extent permitted by applicable law, you will remain liable for all amounts due up to and including the date of termination; and/or (b) deny you access to our Services (or any part thereof).
Section 18 - Entire Agreement/Miscellaneous
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this Site or in respect of the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any and all prior or contemporaneous agreements, communications and proposals, whether oral, written or electronic, between you and us (including, but not limited to, any prior versions of the Terms of Service).
No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and neither party has any authority of any kind to bind the other in any respect. Any rights and licenses granted hereunder, may not be transferred or assigned by you without our prior written consent. Except as otherwise provided herein, this agreement is intended solely for the benefit of the parties and is not intended to confer third party beneficiary rights upon any other person or entity.
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Section 19 - Governing Law
These Terms of Service and any separate agreements whereby we provide you products or services shall be governed by and construed in accordance with the laws in effect in the State of California, without regard to its conflicts of law principles.
Section 20 - Changes to Terms of Service
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Site, and any such updates, changes or alterations will be effective upon our posting of the revised Terms of Service. It is your responsibility to check our Site periodically for changes. We encourage you to review these Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Services.
Your continued use of or access to our Site or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Section 21 - Contact Information
If you have any questions about the Terms of Service, please email us at customerservice@coophomegoods.com.
SMS Terms & Conditions
By signing up for one or more text messaging programs, you expressly consent to receive marketing or non-marketing text messages, as applicable, from Coop Home Goods and others texting on its behalf at the telephone number(s) that you provide. You also accept and agree to be bound by these SMS Terms and Conditions, our Terms of Service, our Privacy Policy, and any other applicable terms and agreements related to your use of our Service. You may opt-out of these communications at any time, and consent to receive automated marketing text messages is not required to purchase any goods or services.
Program Description
Coop Home Goods and its service providers may use an automatic telephone dialing system to deliver recurring automated promotional and personalized marketing text messages to you (each a “Text Message”) to the mobile telephone number you provided when signing up or any other number that you designate. Coop Home Goods Text Messages are intended to provide you with marketing and promotional information regarding our products and services, such as events and promotions, as well as transaction-related information. Text Messages may also include cart reminder messages. Data obtained from you in connection with any Text Message services may include your cell phone number, your provider’s name and the date, time and content of your responsive text messages. We may use this information in accordance with our Privacy Policy to contact you and to provide the services you request from us.
Message Frequency
The number of Text Messages that you receive may vary depending on the frequency of the messages sent by the program. Coop Home Goods reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Coop Home Goods also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so.
Cost
Message and data rates may apply to each Text Message you receive from or on behalf of us, as well as each responsive text message you send, as provided in your mobile telephone service rate plan, in addition to any applicable roaming charges. Please contact your mobile telephone carrier for pricing plans and applicable roaming fees. Under no circumstances will we or our affiliates be responsible for any SMS messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number. If your carrier does not permit SMS messages, you may not receive the Text Messages. You are responsible for any fees imposed by your mobile carrier of any kind whatsoever.
How to Opt-In
To opt-in to receive Text Messages from our text messaging program, please follow the instructions provided by the specific program from which you wish to receive messages. For example, you may be asked to reply in the affirmative in the manner indicated in an initial text message (e.g., Y or Yes).
How to Opt-Out
To stop receiving Text Messages from us, text “STOP,” “END,” “CANCEL,” “UNSUBSCRIBE” or “QUIT” to any Text Message you receive from us. After texting “STOP,” “END,” “CANCEL,” “UNSUBSCRIBE” or “QUIT” to our shortcode you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the “STOP,” “END,” “CANCEL,” “UNSUBSCRIBE” or “QUIT” keyword commands and agree that Coop Home Goods and its service providers will have no liability for failing to honor such requests.
If you unsubscribe from one of our text message programs, you may continue to receive text messages from Coop Home Goods through any other programs you have joined until you separately unsubscribe from those programs.
Your Mobile Telephone Number
You represent that you are the account holder for the mobile telephone number(s) that you provide. If you change or deactivate the phone number you provided, you have an affirmative obligation to update your account information and the phone number(s) attached to your account to prevent us from inadvertently communicating with anyone who acquires any phone number(s) previously attributed to you, and any new phone number(s) you attach to your account may receive our standard marketing Text Messages unless you unsubscribe.
Supported Carriers
Supported carriers may change from time to time. We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).
Support/Help
For HELP reply “HELP” to any Text Message you receive from us or email support@attentivemobile.com. You can also visit https://support.attentivemobile.com/help/ and submit the form with details about your problem or your request for support. Message and data rates will apply and you should check the rates of your mobile carrier.
Text Messages are distributed via third party mobile network providers and, therefore, we cannot control certain factors relating to message delivery. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Coop Home Goods, its service providers and the mobile carriers supported by the program do not claim or guarantee availability or performance of this service, and are not liable for delayed or undelivered messages.
Changes to Terms and Conditions
Coop Home Goods reserves the right, in its sole discretion, to change, modify, add or remove portions of these SMS Terms and Conditions. Your continued use of SMS following the posting of any changes will mean that you accept and agree to such changes.
Termination of Text Messaging
We may suspend or terminate your receipt of Text Messages if we believe you are in breach of these SMS Terms and Conditions. Your receipt of Text Messages is also subject to termination in the event that your mobile telephone service terminates or lapses. Coop Home Goods reserves the right to modify or discontinue, temporarily or permanently, all or any part of Text Messages, with or without notice to you.