Terms & Conditions

Calm Sleep System's Terms

1. Acceptance of Terms

Welcome to CSS, Inc's website (“Website”). The Website, and any references to it, includes calmsleepsystems.com (https://calmsleepsystems.com) and the Calm Sleep System Blog (https://calmsleepsystems.com/blog). For your convenience, this Website contains the terms and conditions under which Calm Sleep Systems agrees to do business with you. By accessing or using this Website in any way, and/or by purchasing products or services from this Website, you expressly acknowledge and agree to be bound by these Terms and Conditions (“Terms”) as well as “Calm Sleep System's Privacy Policy”, “Calm Sleep System's Return/Exchange and Refund Policy”, “Calm Sleep System's Warranty” (collectively, the “Agreement”). The Agreement is the contract that governs your relationship with Calm Sleep System for any purchases or other transactions made through the Website with Calm Sleep Systems.

Calm Sleep Systems reserves the right to modify the Agreement from time to time without prior notice to you. You can know if these Terms and the other components of the Agreement have been changed by referring to the date at the top of each posted document. It is your exclusive obligation to review the Agreement carefully. Please do so. If you do not agree to be bound by all provisions, do not purchase any products from the Website, and please exit the Website promptly. In submitting any order for any Product, you expressly certify that you read, understood, and agree to be bound by all of the provisions of the Agreement.

2. Binding Arbitration and Class Action Waiver

You and Calm Sleep Systems[1] (the “Parties”) mutually consent to the resolution by final and binding arbitration of all claims (common law or statutory) relating to a Dispute that You may have with Calm Sleep Systems. "Dispute” means any dispute, action, or other controversy between you and Calm Sleep Systems concerning your Calm Sleep Systems products or any warranty, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law. Such claims include, but are not limited to, any controversy, claim, dispute, or difference between the Parties arising out of or relating to your purchase of any Calm Sleep Systems products, any return or replacement of any Calm Sleep Systems products, any warranty claim relating to any Calm Sleep Systems products, Your transacting business with Calm Sleep Systems in any way, or your use of Calm Sleep Systems Website in any way.
If You or Calm Sleep Systems do not resolve any Dispute by informal negotiation, any other effort to resolve the Dispute will be conducted exclusively by binding arbitration by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, applying U.S. Federal Rules of Procedure and U.S. Federal Rules of Evidence. The AAA Supplementary Procedures for Consumer-Related Disputes will also apply. For more information, see www.adr.org or call 1-800-778-7879. The arbitration shall be before a single arbitrator and will be administered in accordance with the applicable arbitration rules and procedures of the AAA. To the extent required by applicable law, the substantive law of the state in which You purchased products (or the state of delivery) shall apply. You agree to commence arbitration in your county of residence or in either Salt Lake County or Utah County, Utah. Calm Sleep Systems agrees to commence arbitration only in your county of residence. You may request a telephonic or in-person hearing by following the AAA rules. In a dispute involving $10,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually, and only to the extent required to satisfy your individual claim.
The Parties expressly waive the right to have a court or jury trial on any arbitrable claim. Notwithstanding any provision of the American Arbitration Association's Commercial Arbitration Rules (including the Supplementary Procedures for Consumer-Related Disputes, if applicable, and/or any other Rules and/or procedures of the American Arbitration Association), arbitration shall occur on an individual basis only.  To the maximum extent permitted by law, THE PARTIES WAIVE THE RIGHT TO INITIATE, PARTICIPATE IN, OR RECOVER THROUGH, ANY CLASS, COLLECTIVE, OR NON-INDIVIDUAL ACTION (the “Waiver”). In addition, to the maximum extent permitted by law, neither Party shall have the right to join or consolidate claims in arbitration with the claims of any other person or entity against the other Party to this Agreement. To the maximum extent permitted by law, the Arbitrator’s authority to resolve any dispute and to make written awards will be limited to Your individual claims.
To the extent required by the applicable substantive law, Calm Sleep Systems shall pay arbitration-related fees and costs to the extent they are in excess of the fees and costs that You would be required to bear if the claim were brought in court. Each side shall pay its own other costs and attorneys' fees unless the Arbitrator rules otherwise.  You will not be required to pay any fee or costs; however, if such a payment would invalidate this Agreement, Calm Sleep Systems will instead make that payment.  To the maximum extent permitted by law, the Arbitrator shall award the prevailing party its costs and reasonable attorney’s fees; provided, however, that the arbitrator at all times shall apply the law for the shifting of costs and fees that a court would apply to the claim(s) asserted.
Notwithstanding any other provision of this Agreement or the AAA Rules referenced above, disputes regarding the scope, applicability, or enforceability of the Waiver may be resolved only by a civil court and not by an arbitrator. Either Party also may apply to a court of competent jurisdiction for provisional relief in connection with an arbitrable claim, including temporary or preliminary injunctive relief.
You and Calm Sleep Systems agree that there is not and has never been any intent, agreement, or expectation of the Parties to allow the prosecution of Mass Arbitrations, which are not permitted. As used in this Arbitration Agreement, “Mass Arbitrations” means and refers to when 30 or more arbitration demands asserting the same or similar claims are made and/or sought to be compelled by individuals during any rolling 52-week period, and such individuals are represented by the same lawyer(s) or law firm(s) and/or by one or more of several affiliated, associated or coordinated lawyers or law firms. In the event Calm Sleep Systems reasonably believes that Mass Arbitrations are being asserted, it shall give written notice of such to the individual and Arbitrator (if appointed) in each of the arbitrations at issue and, upon giving such notice, Calm Sleep Systems shall not have any further obligation to arbitrate those arbitrations, and they shall be automatically stayed, pending Calm Sleep Systems seeking a determination from a court of competent jurisdiction that the arbitrations at issue are Mass Arbitrations. Calm Sleep Systems will not be required to pay any arbitration fees before and as a condition of seeking such a court determination. Should a court of competent jurisdiction hold that any arbitration demand made or sought to be compelled by any individual under this Arbitration Agreement is one of such Mass Arbitrations, then Calm Sleep Systems will not be required to arbitrate the disputes at issue therein, which instead will be litigated in a court of competent jurisdiction.
Nothing in this Arbitration Agreement requires arbitration of any claim that under the law (after application of Federal Arbitration Act preemption principles) cannot be made subject to a pre-dispute agreement to arbitrate claims.
This Arbitration Agreement is the complete agreement between the Parties on the subject of the arbitration of disputes and the subject of the Waiver and supersedes any prior or contemporaneous oral or written agreement on the subject. This Arbitration Agreement can only be revoked or modified by a writing signed by the Parties that specifically states an intent to revoke or modify this Arbitration Agreement, except that Calm Sleep Systems retains the right to make unilateral modifications to the Arbitration Agreement as required to comply with changes in the law.
If any term of this Arbitration Agreement is determined for any reason to be unenforceable, in whole or in part, such term or portion thereof shall be deemed stricken, and the balance of this Arbitration Agreement shall continue in full force and effect.
OPTION TO OPT-OUT. To the extent permitted by applicable law, you may opt out of the Arbitration Agreement and Waiver by notifying Calm Sleep Systems in writing of Your intent to do so within 30 days of the date upon which You make Your first online purchase and/or visit Calm Sleep Systems' website (unless a longer period is required by applicable law). You must email your written notification to Calm Sleep Systems, Attention: Legal Department, info@calmsleepsystems.com, and your email notification must include your name, address, and an unequivocal statement that you want to opt out of this Arbitration Agreement.

3. Click Wrap

YOU ACKNOWLEDGE AND AGREE THAT THIS AGREEMENT CONSTITUTES A LAWFUL AND VALID “CLICK-WRAP” AGREEMENT, which means that, before allowing you to submit an order, the Website presents you with a message on your computer screen requiring that you affirmatively manifest your assent to the terms of this Agreement by clicking on an icon. Specifically, the Website clearly and conspicuously provides a link to this Agreement and, thereafter, requires you to click a box wherein you indicate that you have read, understood, and agree to be bound by this Agreement. The Website does not allow you to proceed through the order process or submit an order unless you affirmatively manifest your assent to the terms of this Agreement by clicking in the box. By clicking the box and submitting your order, you complete the foregoing “Click-Wrap” steps.

4. Products

The Website is available to you solely for the purpose of enabling you to browse, gather information on, and purchase products described on the Website. Calm Sleep Systems reserves the right to change the description of products or to discontinue offering any products at any time and without notice, and to exercise this right however Calm Sleep Systems determines to be necessary or appropriate. If you have a question about this Website or products available for purchase, please contact Calm Sleep Systems. By using this Website to purchase products, you agree you will use the products only for personal use and not for any commercial, illegal, or improper purpose. Calm Sleep Systems reserves the right to limit the sales or quantities of sales of products to any person, geographic region, or jurisdiction, and to exercise this right on a case-by-case basis as determined to be necessary or appropriate.

5. Intellectual Property

All of the content and material used in constructing this Website and that you see and hear on this Website are subject to United States and international copyright, trade dress, trademark, and/or other intellectual property laws, with all rights thereto held by Calm Sleep Systems. Use of any content or material on this Website without prior written authorization by Calm Sleep Systems is strictly prohibited and may subject you to liability.

For purposes of this Agreement, “content and material” is defined as any information, communications, software, published works, photos, video, graphics, music, sounds, or other material that can be viewed or heard by users on the Website. Purple grants you limited permission to use this Website only as stated in these Terms.

Digital Millennium Copyright Act. Calm Sleep System has not taken and will not take content from you or any third party unless it has been assigned to Calm Sleep Systems pursuant to law. However, if you are a copyright holder and have a good faith belief that any content or materials posted on this Website infringes your copyright, please send Calm Sleep Systems your notification of claimed infringement, requesting the material to be removed or blocked. Your notice must contain the following: (a) Reasonably sufficient details about the nature of the copyrighted work in question, or, in the case of multiple alleged infringements, a representative list of such works, including title(s), author(s), any U.S. Copyright Registration number(s), URL(s) etc.; (b) Reasonably sufficient details to enable us to identify and locate the material that is allegedly infringing the copyright holder’s work(s) (for example, file name or URL of the page(s) that contain(s) the material); (c) Your contact information so that Calm Sleep Systems can make contact with you (including for example, your address, telephone number, and email address); (d) A statement that you have a good faith belief that the use of the material identified above in “b” is not authorized by the copyright owner, its agent, or the law; (e) A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner; and (f) Your signature. Prior to sending us notice, you may wish to consult a lawyer to determine your rights and legal obligations under applicable laws. Nothing here or anywhere on the Website is intended as a substitute for qualified legal advice. You also acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, Calm Sleep Systems may temporarily or permanently remove the identified materials from the Website.

6. Use of Website

The Website is available solely for your personal use of browsing, purchasing products, and communicating with us. You may NOT use the Website or its content: (a) for any commercial purpose; (b) for any unlawful purpose; (c) to solicit others to perform or participate in any unlawful acts; (d) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (e) to infringe upon or violate Calm Sleep Systems intellectual property rights or the intellectual property rights of others; (f) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, disability, or gender; (g) to submit false or misleading information; (h) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of this Website or of any related website, other websites, or the Internet; (i) to collect or track the personal identification information of others; (j) to spam, phish, pharm, pretext, spider, crawl, or scrape; (k) for any obscene or immoral purpose; or (l) to interfere with or circumvent the security features of this Website or any related website, other websites, or the Internet.

You may NOT resell or make commercial use of the Website, any of its content, or any of the products. You may NOT modify, adapt, translate, or convert into another form any portion of this Website. You may NOT copy, reproduce, download, display, perform, transfer, transmit, or publish any of the content of this Website by any means or in any form, other than for your own personal use. You may NOT access this Website from any jurisdiction where doing so would be illegal. You agree to use this Website only for its intended purpose and in a manner that is authorized. Without intending any limitation of the above prohibitions, you agree to comply with all laws pertaning to privacy, data collection and protection, intellectual property, contract and other applicable laws, including but not limited to those laws in the jurisdiction in which you reside or from which you use this Website, and you agree not to transmit any worms, viruses or any code of a destructive nature. Calm Sleep Systems reserves the right to terminate your authorization to use this Website should you violate any of the prohibited uses.

7. Billing and Electronic Signature

You agree to timely pay the purchase price and related shipping and handling costs (if any) when such sums are due and owing as consideration for Calm Sleep Systems sale and delivery of products to you. The Website provides various pay options for your convenience, including, for example, credit card, debit card, and various financing options. As part of submitting any order through the Website, you will be required to type your name. This constitutes your electronic signature, and you verify that your name, address, and billing information are correct and that you have read, understood, and agree to be bound by this Agreement.

YOU AGREE THAT THE CALM SLEEP SYSTEMS MAY RELY UPON YOUR TYPE-WRITTEN ELECTRONIC SIGNATURE AS CONFIRMING YOUR AGREEMENT TO PURCHASE THE PRODUCTS ORDERED AND TO BE BOUND BY THIS AGREEMENT.

You also acknowledge and agree that Calm Sleep Systems' reliance upon your electronic signature is specifically sanctioned by the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Transactions Act. Both laws specifically preempt all state laws that recognize only paper and handwritten signatures.

All products that you purchase from Calm Sleep Systems are subject to the terms of this Agreement, and the risks of loss and title for such products pass to you upon Calm Sleep Systems' delivery of the products to the carrier for your benefit. This means that title to the products legally transfers to you, and that you bear the risk of loss of the products during shipment. Nothing herein requires you to pay shipping costs that are not clearly communicated to you at the time of purchase.

8. Payment and Shipping

The prices for the products are displayed on the Website, and Calm Sleep Systems will take reasonable efforts to make sure those prices are accurate. However, the prices displayed to you are subject to change at any time. Also, the displayed prices do not include taxes. Any change in prices and any sales tax will be communicated to you before you complete your order. All transactions will be in U.S. dollars. The products you order will be shipped to the address you provide. There will be no undisclosed additional charge for shipping or handling. You agree to provide current, complete, and accurate information for all purchases made using this Website. If incorrect, you agree to promptly update your information, including, without limitation, your email address, billing address, telephone number, and credit card number and expiration date, so that Calm Sleep Systems can complete your transactions and contact you as needed.

Calm Sleep Systems reserves the right to refuse any order you place. Calm Sleep Systems may cancel orders that appear to be placed by dealers, resellers, or distributors for resale rather than for personal use, or for use in any of the prohibited ways listed herein. Calm Sleep Systems may limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer, billing, or shipping addresses, or credit card. If Calm Sleep Systems makes a change to or cancels an order, Calm Sleep Systems may attempt to notify you using the e-mail address and/or billing address/phone number provided at the time the order was made.

9. Returns, Exchanges and Refunds

For details about returns, please review the Calm Sleep Systems' Return/Exchange and Refund Policy, which by this reference is incorporated herein. You are required to carefully read the Calm Sleep Systems' Return/Exchange and Refund Policy before transacting any business with Calm Sleep Systems' as part of this Agreement. All return, exchange, and refund rights automatically terminate in the event you engage in any fraud or dishonest conduct regarding your exercise of any such rights, as determined in Calm Sleep Systems' sole discretion.

10. Warranty

The Calm Sleep Systems' Warranty sets forth Calm Sleep Systems' warranties for each product, and by this reference, The Calm Sleep Systems' Warranty is incorporated herein. There is no guarantee or warranty that is not provided therein. You are required to carefully read The Calm Sleep Systems' Warranty before transacting any business with Calm Sleep Systems as part of this Agreement. All warranty rights automatically terminate in the event you engage in any fraud or dishonest conduct regarding your exercise of any warranty rights, as determined in Calm Sleep Systems' sole discretion.

11. Privacy

The Calm Sleep Systems Privacy Policy sets forth Calm Sleep Systems' privacy practices with regard to the collection and use of your personal information when using the Website or interacting with Calm Sleep Systems. The Calm Sleep Systems Privacy Policy is incorporated herein by this reference. You are required to carefully read the Calm Sleep Systems Privacy Policy before transacting any business with Calm Sleep Systems as part of this Agreement. Please note that Calm Sleep Systems is required to keep transaction data sufficient to maintain its financial records in accordance with policies and other standards.

12. Submissions

Calm Sleep Systems appreciates hearing your comments, suggestions, and testimonials regarding this Website, any media content, any products, and your participation in any contests Calm Sleep Systems may hold. However, nothing in these Terms should be construed to require you to provide any comments, suggestions, testimonials, or materials of any kind (collectively “Submissions”). The only consideration given by Calm Sleep Systems in exchange for any Submission is the right of use of this Website, which you acknowledge and agree is sufficient consideration for your Submission and the assignment to Calm Sleep Systems of any ideas, concepts, content, and other intellectual property included therewith or contained therein. Any of your Submissions, whether provided electronically via this Website or otherwise, shall be and remain the exclusive property of Calm Sleep Systems. This includes any of your ideas or inventions contained in your Submissions. Your Submissions shall constitute a voluntary and irrevocable assignment to Calm Sleep Systems of all worldwide intellectual property rights in your Submissions, entitling Calm Sleep Systems to use, make, have made, offer to sell, sell, copy, reproduce, display, translate, summarize, modify, edit, publish, adapt, incorporate into other works and/or distribute them for any purpose, commercial or otherwise, without restriction and without compensation to you. Accordingly, your Submissions may be treated as non-confidential and non-proprietary (subject to Calm Sleep Systems Privacy Policy). Please do NOT submit information you do not wish to assign to Calm Sleep Systems or you do wish to retain as confidential or proprietary (for example, patentable ideas, new content suggestions, or business proposals).

Also, by your Submissions, you represent and warrant that the content is your own original content and that no other person has any rights thereto. You represent and warrant that your Submissions do not and will not violate any right(s) of any third-party, including copyright, trademark, privacy, or other personal or proprietary right. You further agree that your Submissions will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of this Website or any related website. You may not use false personal identification information, pretend to be someone other than yourself, or otherwise mislead third parties as to the origin of your Submissions. You are solely responsible for the Submissions you make and their complete accuracy.

Regarding Submission, Calm Sleep Systems invokes Section 230 of the Communications Decency Act (47 U.S.C. § 230) (hereinafter “CDA”). Calm Sleep Systems advises users of its Website that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist the customer in limiting access to material that is harmful to minors. Pursuant to the CDA, Purple takes no responsibility and assumes no liability for any Submissions you make to us. Calm Sleep Systems may, but has no obligation to, monitor, edit, or remove content that Calm Sleep Systems determines in its sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or in violation of any third-party’s intellectual property rights or these Terms.

13. Disclaimer

ALTHOUGH CALM SLEEP SYSTEMS TAKES REASONABLE EFFORTS TO VERIFY THE CONTENT OF THIS WEBSITE, CALM SLEEP SYSTEMS DOES NOT REPRESENT OR GUARANTEE THAT THE CONTENT IS ACCURATE, COMPLETE, USEFUL, TIMELY, OR RELIABLE OR THAT THIS WEBSITE WILL OPERATE WITHOUT ERROR OR DISRUPTION. THIS WEBSITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. CALM SLEEP SYSTEMS MAY MAKE CHANGES TO THE CONTENT OF THIS WEBSITE AND PRODUCTS OFFERED AT THIS WEBSITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS, AT ANY TIME WITHOUT NOTICE. THE CONTENT OF THIS WEBSITE OR PRODUCTS AVAILABLE AT THIS WEBSITE MAY BE OUT OF DATE, AND CALM SLEEP SYSTEMS MAKES NO COMMITMENT TO UPDATE SUCH CONTENT OR PRODUCTS.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK, AND THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS ONLY, AND CALM SLEEP SYSTEMS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO SERVICES PROVIDED ON THIS WEBSITE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) WITHOUT LIMITING THE FOREGOING, AND SUBJECT TO THE CALM SLEEP SYSTEMS WARRANTY, CALM SLEEP SYSTEMS MAKES NO WARRANTY THAT (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (ii) THE WEBSITE OR OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR VIRUS OR MALWARE FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE EFFECTIVE, ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY CONTENT OBTAINED FROM THE WEBSITE WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS, OR (v) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED FROM THIS SITE IS ACCESSED AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE THAT RESULTS FROM THE USE OF ANY SUCH MATERIAL.

CALM SLEEP SYSTEMS IS NOT RESPONSIBLE FOR YOUR DEALINGS WITH ANY THIRD PARTY RELATED TO YOUR USE OF THIS WEBSITE. YOU AGREE TO RESOLVE ANY DISPUTES WITH THIRD PARTIES DIRECTLY WITH SUCH PARTIES, AND YOU AGREE NOT TO INVOLVE CALM SLEEP SYSTEMS IN ANY DISPUTE WITH THIRD PARTIES. YOU RELEASE CALM SLEEP SYSTEMS FROM ALL CLAIMS, DEMANDS, AND DAMAGES RELATED TO DISPUTES BETWEEN YOU AND THIRD PARTIES.

CALM SLEEP SYSTEMS MAKES NO PROMISES AND DISCLAIMS ALL LIABILITY FOR USE OF THIS WEBSITE OUTSIDE THE UNITED STATES AND CANADA.

14. Limitation of Liability

YOUR EXCLUSIVE REMEDY AND CALM SLEEP SYSTEMS ENTIRE LIABILITY, IF ANY, FOR ANY CLAIMS ARISING OUT OF THIS AGREEMENT, YOUR USE OF THIS WEBSITE, AND YOUR PURCHASE AND USE OF ANY PRODUCT SHALL BE LIMITED TO THE AMOUNT YOU PAID US FOR PRODUCTS PURCHASED THROUGH THE WEBSITE.

IN NO EVENT SHALL CALM SLEEP SYSTEMS OR ANY LICENSOR OF CALM SLEEP SYSTEMS, OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SUPPLIERS, OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM BODILY HARM, PERSONAL INJURY, LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT PURPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE OR INABILITY TO USE THIS WEBSITE, AND/OR THE PURCHASE AND/OR USE OF ANY PRODUCT. FURTHER, CALM SLEEP SYSTEMS SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY PROMISES.

IF YOU ARE DISSATISFIED WITH THIS WEBSITE, ANY CONTENT ON THIS WEBSITE, OR THESE TERMS, YOUR SOLE REMEDY AND EXPRESS OBLIGATION IS TO STOP USING THE WEBSITE. DO NOT MAKE ANY PURCHASES FROM THE WEBSITE. IN THE EVENT YOU FAIL TO STOP USING THE WEBSITE AND CLAIM SOME INJURY AS A RESULT, YOU AGREE TO INDEMNIFY AND HOLD CALM SLEEP SYSTEMS HARMLESS FROM ANY AND ALL LOSSES OR DAMAGE, INCLUDING ATTORNEY’S FEES INCURRED BY CALM SLEEP SYSTEMS IN DEFENSE OF ANY ACTION INITIATED BY YOU OR A THIRD PARTY.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. BY USING THIS WEBSITE OR TRANSACTING ANY BUSINESS WITH CALM SLEEP SYSTEMS, YOU EXPRESSLY AGREE TO THE JURISDICTION OF ARBITRATION PANELS AND COURTS OF THE STATE OF VIRGINIA AND THAT VIRGINIA LAW GOVERNS YOUR RELATIONSHIP WITH CALM SLEEP SYSTEMS.

15. Indemnification

You agree to defend, indemnify, and hold CALM SLEEP SYSTEMS (and its directors, officers, employees, affiliates, agents, contractors, suppliers, service providers or licensors) harmless from all liabilities, claims, and expenses, including attorneys’ fees that may arise from your use or misuse of this Website, your breach of this Agreement or your violation of any law or the rights of a third-party. CALM SLEEP SYSTEMS will provide notice to you of any such claim, suit, or proceeding. CALM SLEEP SYSTEMS reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with CALM SLEEP SYSTEMS in asserting any available defenses.

16. International Use

Although the Website may be accessible worldwide, Calm Sleep Systems makes no representation that products available on the Website are appropriate or available for use in locations outside the United States. Those who choose to access the Website from outside the United States do so on their own initiative and at their own risk. If you choose to access this Website and to purchase products, you are responsible for compliance with local laws in your jurisdiction, including but not limited to the protection of personal identification information and the taxation of products purchased over the Internet. Any offer for a product made in connection with this Website is void where prohibited. Calm Sleep Systems reserves the right to refuse or rescind the purchase of products from locations outside the United States. Where a purchase outside the United States is allowed to occur, Calm Sleep Systems reserves the right to modify or void any or all refund and warranty policies.

17. Governing Law

The statutes and laws of Virginia and the United States shall be controlling, without regard to the conflicts of laws principles thereof. You agree and hereby submit to the exclusive personal jurisdiction and venue of the Arbitration panels and Courts (i.e., for purposes of judgment enforcement) located in Virginia with respect to any Dispute. Notwithstanding anything to the contrary, sales made outside the state of Virginia or the United States are agreed by you to be made at your initiative and request and are not intended by Calm Sleep Systems to be a voluntary submission to the personal jurisdiction of the courts in those locations.

18. Force Majeure

In addition to any excuse provided by applicable law, Calm Sleep Systems shall be excused from liability for non-delivery or delay in delivery of products available through the Website arising from any event beyond Calm Sleep Systems reasonable control, whether or not foreseeable by either party, including but not limited to: labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, epidemic, pandemic, and any other causes or events beyond Calm Sleep Systems reasonable control, whether or not similar to those which are enumerated above.

19. Savings Clause and Severability

If any part of this Agreement is held unlawful, void, invalid, or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the Agreement, and the remaining portions shall remain in full force and effect.

20. No Waiver

Any failure by Calm Sleep Systems to enforce or exercise any provision of this Agreement or related rights shall not constitute a waiver of that right or provision. Purple’s rights and remedies under this Agreement are cumulative, and the exercise of a right or recovery of a remedy shall not limit or prevent Calm Sleep Systems' exercise of another right or recovery of another remedy allowed under these Terms.

21. Mobile Communication and Promotions

Calm Sleep Systems offers a mobile alert program (the “Program”). The Program gives you the opportunity to receive information, promotional materials, offers, and rewards regarding Calm Sleep Systems and its products directly to your phone through SMS/MMS messaging (“Mobile Messages”) and/or other social media communication tools. If you no longer wish to participate in the program or no longer agree to these Terms or the specific terms outlined in this provision, you can reply “STOP” to any Mobile Message from Calm Sleep Systems to opt out of the Program. You may Opt-Out at any time, without penalty or charge.

Calm Sleep Systems does not send unsolicited Mobile Messages. You will only receive Mobile Messages if you have submitted an Opt-In request using your mobile device, such as through texting a keyword or short code to opt into the Program or through opting in online by providing your mobile number. Regardless of the opt-in method you utilized to join the Program, you agree that these Terms apply to your participation in the Program.

Calm Sleep Systems Mobile Messages are not sent to you by an automatic telephone dialing system (“ATDS” or “autodialer”). Nevertheless, by participating in the Program, you agree to receive autodialed marketing Mobile Messages, and you understand that consent is not required to make any purchase from Calm Sleep Systems. You also recognize that message and data rates may apply and are your sole responsibility.

The Program involves recurring Mobile Messages, and additional Mobile Messages may be sent based on your interaction with Calm Sleep Systems. You also agree that Calm Sleep Systems may use the data you submit (i.e., your name and/or mobile phone number) to locate you on, and communicate with you through, other social media channels (e.g., Facebook).

It is a violation of this Agreement to use another’s mobile phone number to opt-in to this Program, or any other similar Calm Sleep Systems program. In opting-in, you represent and warrant, under penalty of perjury, that the mobile number you used to opt in is yours. It is also a violation of this policy to opt-in any third party without their express, written consent.

22. Customer Program

The Program. The Calm Sleep Systems Customer Program (“the Program”) is offered by Calm Sleep Systems to customers who love Calm Sleep Systems Products. Calm Sleep Systems may, from time to time, extend certain perks and privileges to Member which will be described here at the time they are offered. When accessing the Program or the Websites, you are subject to the applicable Website terms of use, including those of Calm Sleep Systems' Website Terms of Use and Privacy Policy. By participating in the Program, Member agrees to the terms and conditions, rules, regulations, policies, and procedures of the Program, including, without limitation, these Terms and Conditions and the provisions below dealing with mandatory arbitration of all disputes on an individual (i.e., non-class action) basis. Each Member is responsible for remaining knowledgeable about the Program Terms and Conditions. Calm Sleep Systems reserves the right to disqualify Members who have violated any of the Program Terms and Conditions.

Modifications. Calm Sleep Systems may, at its discretion, alter, limit, or modify the Program structure or any other feature of the Program or other benefits under the Program, or cancel the Program entirely, at any time without notice. Calm Sleep Systems will post any additional Program details and updates to the Program here and then update the “Last Updated” date above. Calm Sleep Systems may also email you about any such changes. Your continued participation in the Program will confirm your acceptance of such changes.

Eligibility. The Program is open to U.S. residents at least 18 years of age within the 50 United States and the District of Columbia. It is free to join as a Member (no initial purchase is required to do so). Membership is limited to individuals only and is limited to one account per individual. Membership will not be available to corporations, businesses, charities, partnerships, enterprises, or anyone other than an individual.

Enrollment and Cancellation. Individuals can enroll by creating an account online at CalmSleepSystems.com. Member must provide complete and accurate enrollment information, including name, address, and email address. Calm Sleep Systems reserves the right to refuse membership to any customer who does not follow the enrollment procedures. Calm Sleep Systems may choose to offer sign-up incentives and enrollment promotions from time to time.

Member shall advise Calm Sleep Systems of any changes to their personal account contact information, such as name, address, telephone number(s), and/or email address, by logging in to the account on CalmSleepSystems.com and updating their details there.

Your participation in the Program is voluntary, and you may withdraw at any time by clicking cancel from within your account portal online. If you opt out of the Program, you will not be able to access your account or any information stored there.

Program benefits, if any, or Member accounts may not be merged, transferred, purchased, sold, assigned, auctioned, or traded, including by death or as part of a domestic relations matter. Doing so will void the Member account.

Communications. Unless Member has opted out of receiving marketing communications, Calm Sleep Systems may (at its option) communicate with Members about marketing via mail, email, and other channels, including about special Member promotions, offers, and more. Calm Sleep Systems may also use these channels to communicate Program changes or notify members when they are eligible for a benefit or reward, at Calm Sleep Systems' discretion. Please note that even if you opt out of receiving marketing or promotional communications, Calm Sleep Systems may continue to send you non-marketing or non-promotional emails, such as those about your account or our ongoing business relations.

23. Contact Us

All notices shall be in writing and shall be made either via email or conventional mail. Notices to Calm Sleep Systems must be sent to the attention of Ecommerce Compliance at the addresses set forth above. You agree to allow us to submit notices to you either through the email address provided or to an address Calm Sleep Systems has on record. Any notices or communication under this Agreement will be deemed delivered to the party receiving such communication (1) on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, if sent by U.S. mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile; or (5) on the delivery date if transmitted by confirmed email.

All notices to Calm Sleep Systems should be directed to:

Calm Sleep Systems Ecommerce Compliance

12057 Southshore Pointe Rd

Midlothian. VA 23112

Email: info@calmsleepsystems.com

Telephone: 804-573-9420

Last updated January 1, 2026

At CSS Inc dba Calm Sleep Systems (referred to as “Calm Sleep Systems,” “us,” “our” or “we”), we recognize that your privacy is important. Calm Sleep Systems' Privacy Policy (referred to as “Policy”) discloses the privacy practices for CalmSleepSystems.com, and all other Calm Sleep Systems websites, iOS and Android applications, products, services, and offerings (collectively referred to as the “Products”). This Policy explains how your personal information is collected, used, and shared. The information we receive or collect about you is treated. This Policy is designed to be read in connection with the Terms and Conditions. By accessing or using our Products, you agree to be bound by the Terms and Conditions and this Policy.

1. How and What Information We Collect

We collect personal information only when you voluntarily provide it by visiting our Site, completing a transaction, using our Calm Sleep Systems App, or communicating with us. When you browse our Site, we automatically receive your IP address, browser type, and device information, and we may collect your email address via cookies and pixels through trusted third-party partners. When you purchase Products, we collect your name, mailing address, email address, phone number, and payment information. When you contact us by phone, text, or email, or when we contact you, we collect your phone number and any other information you provide. We may also obtain your phone number, email address, mailing address, or other personal information from third-party services that collect, verify, or combine consumer data from various sources. When you use our Calm Sleep Systems App. We may collect additional personal information you provide through any interaction with us.

2. How We Use Your Information

We use your personal information to process payments, deliver purchased Products, communicate with you about transactions, support, updates, and account matters, improve our Site, App, products, and services, conduct internal marketing and statistical analysis, customize content and user experience, resolve disputes, troubleshoot issues, and enforce our agreements, including our Site Terms and Conditions of Use and this Policy. We may contact you by email, phone, or text message for any of these purposes, including sending newsletters, promotional offers, and non-promotional notices. Third-party partners may combine your email address, phone number, mailing address, or other data they have access to so we can deliver relevant marketing offers via email, text message, or direct mail.

3. Consent to the Collection and Use of Your Information

BY USING THE SITE, YOU GIVE YOUR CONSENT THAT ALL PERSONAL DATA THAT MAY BE PROCESSED BY US IN THE MANNER AND FOR THE PURPOSES DESCRIBED HEREIN. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THE SITE. When you provide your personal contact information, such as your email address, you are giving your affirmative consent to receive promotional communications from us. If you change your mind after you provide your affirmative consent, you may withdraw your consent on the Site or by contacting us (see contact information below) with an unsubscribe notice. If we send you any commercial communication via email, we will also provide an unsubscribe mechanism therein. Please allow up to 10 days for us to process any unsubscribe request.

Text Policy: By signing up, you agree to receive recurring automated marketing messages from Calm Sleep Systems. Program Description: Receive offers, updates, browse/cart reminders, Max 7 msgs/wk. Reply HELP for help or STOP to unsubscribe. Consent not required for purchase. Msg & data rates may apply.

4. Disclosure to Third Parties

We have made contractual arrangements with affiliates, service providers, partners, and other third parties (“Service Providers”) to process your Personal information on our behalf. Our Service Providers may need to use some of your information to perform tasks between our respective sites and to deliver products or services to you or to us. For example, we must release your credit card information to the card-issuing bank to confirm payment for Products purchased on the Site, release your address information to the delivery service to deliver products that you ordered, and provide order information to third parties that help us provide customer service. Other Service Partners include third parties who operate and maintain our Site and provide marketing services. In general, the Service Providers used by us will only collect, use, and disclose your information to the extent necessary to allow them to perform the services they provide to you or us.

Many of our third-party Service Providers, such as payment gateways and other payment transaction processors, have their own privacy policies governing the information we are required to provide to them for your purchase-related transactions. For these providers, we recommend that you read their privacy policies, so you can understand the manner in which your personal information will be handled by these providers. In particular, remember that certain providers may be located in or have facilities that are located in a different jurisdiction other than either you or us. So, if you elect to proceed with a transaction, then your information may become subject to the laws of the jurisdiction(s) in which that Service Provider or its facilities are located. As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act. We encourage our Service Providers to adopt and promote strong privacy policies. However, the use of your information by our Service Providers is governed by the respective privacy policies of those providers and is not subject to our control. Except as otherwise discussed in this Policy, this document only addresses the use and disclosure of information we collect from you. We are not responsible for the policies or practices of third parties.

Shopify Inc.: Shopify provides us with the online e-commerce platform that allows us to sell our Products to you over our Site. Some of your personal identification information is stored through Shopify’s data storage, databases, and the general Shopify application. Your credit card information is never stored on our servers. We understand that Shopify stores your personal identification information on a secure server behind a firewall. Your personal identification information is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted. All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express, and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our Site and its service providers. For more insight, you may also want to read Shopify’s Terms of Service or Privacy Policy found at https://www.shopify.com/legal/privacy.

5. Links to Other Sites

Our Products may include links to the websites of our business partners, vendors, advertisers, or other third parties. These other websites are outside of our control. Please be aware that these websites may collect information about you and operate according to their own privacy practices, which may differ from those contained in our Policy. We encourage our users to read the privacy policies of each and every website and application that they interact with. We do not endorse, screen, or approve, and are not responsible for the privacy practices or content of such other websites or applications. Visiting these other websites or applications is at your own risk.

Our Products may also contain links and interactive features with various social media platforms. If you already use these platforms, their cookies may be set on your device when using our Products. You should be aware that Personal Information, which you voluntarily include and transmit online in a publicly accessible blog, chat room, social media platform, or otherwise online, or that you share in an open forum, may be viewed and used by others without any restrictions. We are unable to control such uses of your information when interacting with a social media platform, and by using such services, you assume the risk that the Personal Information provided by you may be viewed and used by third parties for any number of purposes.

6. Sale of Your Information

When you visit and interact with our Site, certain third parties, such as Google, may receive access to your personal information for the purpose of providing you online advertising personalized to your interests, based on the websites you visit before and after you visit our Sites. We do not otherwise sell, share, rent, or trade your personal information. If you are a resident of California, Colorado, Connecticut, Delaware, Florida, Indiana, Kentucky, Maryland, Minnesota, Montana, Nebraska, New Hampshire, New Jersey, Oregon, Rhode Island, Tennessee, Texas, Utah, or Virginia, you have the right to opt out of the sale or sharing of your personal information for targeted advertising. You may exercise this right, including opting out of being tracked by Google and similar third parties, by clicking here.

7. How We Use Cookies

We will store cookies on your computer in order to collect certain data about our users and to customize certain aspects of your specific user experience. A cookie is a small data text file which is stored on your computer that uniquely identifies your browser. Cookies may also include additional personalized information, such as your IP address, browser type, the server your computer is logged onto, the area code and zip code associated with your server, and your first name to welcome you back to our Site. We use the following different types of cookies:

Essential: These cookies are required to use our website. For example, essential cookies allow you to add items to your cart and checkout.
Performance: These cookies track how you interact with our website. For example, performance cookies help us monitor aggregate site usage metrics to let us know which pages on our website load slowly or are not optimized for mobile use. We use this information to make improvements to our user experience.
Functionality: These cookies track information about you to make our website easier to use and navigate after your initial visit.
Marketing and Advertising: These cookies help us personal the transaction-related services we make available to you.

Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some aspects of the Site may not function properly if you elect to disable cookies.

8. Do Not Track

Some browsers have a “do not track” feature that lets you tell websites that you do not want to have your online activities tracked. We currently do not respond to browser “do not track” signals.

9. Security of Your Information

We have adopted reasonable physical, technical, and administrative safeguards to help prevent unauthorized access to your personal information. Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personal identification information, you acknowledge that: (a) there are security and privacy limitations inherent to the Internet which are beyond our control; and (b) the security, integrity, and privacy of all information and data exchanged between you and us through this Site cannot be guaranteed.

10. Retention of Your Personal Information

We will retain your personal information for as long as needed to provide you with products or services, comply with legal obligations, resolve disputes, and enforce our agreements. Please note that Calm Sleep Systems is required to keep transaction data sufficient to maintain its financial records in accordance with our Policies and other standards.

11. Age of Consent

You must be at least 18 years old to use this Site to purchase Products. We do not knowingly direct our products to children or collect, use, or disclose information about minor visitors. If you use our Site to make a purchase, you represent that you are at least the age of majority under the laws of the jurisdiction of your place of residence or that you are the age of majority under the laws of the jurisdiction of your place of residence. If you believe your child has provided us with Personal Information, please alert us at info@calmsleepsystems.com. If we learn that we have collected Personal Information from a minor, we will promptly take steps to delete such information and terminate the minor’s account.

12. Rights of California Residents

If you are a California resident, you have the right to request access to information, request the deletion of information, request that Calm Sleep Systems, CSS Inc disclose information, and request information about how Calm Sleep Systems, CSS Inc sells or discloses your information to third parties for a business purpose. Regarding information we sell or disclose to third parties, you have the right to opt out of such sale or disclosure at any time. You can exercise your right to opt out. Please see our CCPA Privacy Notice for additional information regarding our privacy practices in California.

13. International Users

Our Products are intended for users from the United States and those not governed by the privacy policies of other countries. DO NOT SEND US INFORMATION UNLESS YOU CONSENT TO THE APPLICATION OF U.S. LAW AND TO THE USE AND DISCLOSURE OF YOUR INFORMATION CONSISTENT WITH THIS PRIVACY POLICY. If you use our Site from outside the United States to purchase Products, you will be transferring data to us in the United States, and your use will constitute your unambiguous consent and agreement that the transfer is freely given in compliance with the laws of the country where you are accessing and using our Site. Prior to making a purchase, you may wish to consult a lawyer to determine your rights under applicable laws. Nothing here or anywhere on this Site is intended as a substitute for qualified legal advice. You have the right to not make a purchase and to stop using this Site, and to contact us to remove any personal identification information we may have received from you during your prior use of this Site.

14. Changes to Our Privacy Policy

We reserve the right to change this Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page. If we make any material changes to how we treat our customers’ personal information, we will notify you by email to the primary email address specified in your account, and through a notice on our website’s home page. You are responsible for ensuring we have an up-to-date active email address to contact you. You are advised to review this Privacy Policy periodically for any changes. Your continued use of the Site to browse or purchase Products available through this Site, or to communicate with us, after such modifications will constitute your acknowledgment of the modified Policy and your agreement to abide and be bound by the modified Policy(ies). Changes to this Privacy Policy are effective when they are posted on this page.

15. Contact Information