Terms and Conditions
Welcome to ettitude
Changes to the Terms
Ettitude may revise the Terms at any time by updating this posting. However, ettitude will not vary these Terms so as to retrospectively increase your liability to ettitude. If you access, use or view the Site after revisions have been made, you may be forced to accept the revised Terms and you will be bound by them; therefore, we advise you to periodically review this page for such revisions.
Acceptance Of Terms
BY ACCESSING THE SITE, CREATING AN ACCOUNT, REGISTERING WITH US, PURCHASING SOMETHING FROM US, OR USING ANY OF OUR SERVICES, YOU EXPRESSLY (A) ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS IN THEIR ENTIRETY; AND (B) AGREE TO BE BOUND BY ALL OF THE TERMS AND BE HELD LIABLE FOR ANY NONCOMPLIANCE WITH THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS, PLEASE EXIT THE SITE PROMPTLY AND DO NOT DOWNLOAD, INSTALL, ACCESS, OR USE ANY SERVICE.
PLEASE BE AWARE THAT THE DISPUTE RESOLUTION SECTION OF THESE TERMS REQUIRES YOU TO RESOLVE DISPUTES WITH ETTITUDE THROUGH FINAL AND BINDING ARBITRATION. THESE TERMS ALSO INCLUDE A CLASS ACTION WAIVER AND A JURY TRIAL WAIVER. THIS MEANS THAT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.
Who May Use the Site
To use the Site, you agree that you: (1) are at least the “Minimum Age” described below; (2) have the authority to enter into this Agreement if you are doing so on behalf of a company or other organization; and (3) will use the Site in compliance with this Agreement and all applicable laws. “Minimum Age” means 16 years of age unless local law requires that you must be older in order for you to use the Site, then the Minimum Age is the older age of consent applicable in your jurisdiction. We reserve the right to refuse any order without giving a reason.
By accessing or using the Site, you consent to receiving certain communications from us electronically. We will communicate with you in a variety of ways, including, without limitation, by e-mail, text, in-app push notices, or by posting notices and messages through the Site. You agree to keep your contact information up to date in your account so that we may reach you when needed. By accessing or using the Site, you agree that any contract, notice, disclosure, or other communication delivered electronically from ettitude satisfies any legal requirement that such communication be in writing.
Your Registration Information
When you register for an account with us, you agree to: (1) use the same name you use in everyday life; (2) provide accurate and complete information about yourself and update the information to keep it accurate and complete; (3) create and deploy a strong and secure account password; (4) keep your password secure and confidential; (5) not transfer your password to anyone else without our written permission; and (6) follow this Agreement and all applicable laws.
Products or Services
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. We have made every effort to display as accurately as possible the colors and images of our products. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. 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 on the Site or any service will be corrected.
Orders and Billing
You expressly agree that ettitude and its payment platform (Shopify) are authorized to charge you applicable fees, shipping charges and taxes (“Charges”) associated with the products that you order (“Purchase”). To complete a Purchase you will be asked to provide a credit card or other payment method accepted by ettitude (“Payment Method”). Charges for Purchases owed depend on the specific type and quantity of products, delivery location and shipping method ordered and will be identified during the checkout process, and in your receipt. ettitude uses third party services (such as Shopify) to process Purchases and Payment Methods. Charges are due at the time of Purchase and are not contingent on any events other than the receipt of the ordered Products. Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts charged and paid for by you. You must resolve any Payment Method problems before proceeding with your Purchase. If a Charge is not successfully settled and you do not edit your Payment Method information or cancel your Purchase, you remain responsible for any uncollected amounts and authorize ettitude to continue billing the Payment Method, as it may be updated. When ordering Products or using our Site, you must provide accurate and complete information as requested in order for us to process your transaction. It is your responsibility to promptly provide any contact or billing information changes or updates (including phone number, email address, physical address, credit card numbers, etc.). ettitude may immediately cease to provide any and all Products to you if your Payment Method is not current.
We may, in our sole discretion, 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. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
All prices specified in descriptions of the Products are recommended retail prices. Prices are current at the time of publication and are subject to change without notice. All pricing is in United States dollars. There may be duties and taxes added to your Purchase by the destination country. You will be responsible for these upon delivery and are not included in your order total. Sales tax is not charged on orders with a delivery address outside of USA regardless of which country they are ordered from.
The delivery times provided by ettitude are estimates only. ettitude will not be held accountable for late deliveries or loss or damage relating to late deliveries. If multiple items are ordered, part deliveries may be made where the stock is not available. All reasonable attempts to notify you will be made using the details you provided. Please ensure you enter the correct delivery address. ettitude cannot be held responsible for incorrectly entered delivery addresses.
Acceptance of goods
You are responsible for inspecting the goods for fault and notifying us within five working days of receiving the goods should there be a fault.
Shipping, Returns, Refunds and Exchanges
For information on ettitude’s shipping policies and charges, please check our Shipping information page. Certain ettitude bedding products may qualify for our 30 Night Sleep Trial. To confirm if your Purchase qualifies for this special offer, please check our 30 Night Sleep Trial policy. Only qualifying Purchases and returns will be processed under the 30 Night Sleep Trial. For all other products, refunds are not available unless the product is faulty. Qualifying refunds will be issued to the same Payment Method used to make Purchase following our receipt of the faulty item being returned. Purchases may be exchanged for a similar product or store credit within 30 days of delivery, except for sale products. All returns must be in 'as new' condition unless faulty or qualified under the 30 Night Sleep Trial. We reserve the right to refuse any exchange or refund request if you do not make it within 30 days of delivery or if we determine, in our sole discretion, that the request may be a violation of these Terms. Special return offers apply to individual orders only. For details, please check our Return Policy.
If notified before goods have been dispatched, ettitude will attempt to accommodate order cancellations; however, it is not guaranteed. If items have been shipped, ettitude reserves the right to refuse order cancellation or charge a cancellation fee should we not be able to request the return of the package from our delivery service.
Give-Aways and Promotions
ettitude may occasionally sponsor promotions or giveaways through the Site (“Giveaways”). Anyone that is 18 or older and a legal resident of the 50 United States or District of Columbia is welcome to participate. No purchase or payment of any kind is necessary to enter or win, and a purchase will not improve your chances of winning. The Giveaways are void in Puerto Rico, the US Virgin Islands, Guam and all other jurisdictions where prohibited or restricted by law. Each Giveaway will be subject to official rules which will be available as part of the Giveaway details. If you choose to participate in a Giveaway you are responsible for complying with all rules, policies and procedures of the Giveaway.
Rights and Licenses
Please feel free to browse the Site. From time to time, we may provide you access to certain proprietary documentation, information, software, databases, tools, lists, and other materials (“Materials”). These Materials may only be used as permitted in this Agreement. ettitude will not be held responsible if you encounter material that you deem offensive, indecent or otherwise objectionable. Except as otherwise noted, all Materials are:
Copyright © 2022 Ettitude Holdings, Inc. All Rights Reserved.
You acknowledge and agree that any and all trademarks, copyright, designs, the ‘look and feel’ of our Site, content, data files, graphics, text, photographs, drawings, logos, images, sounds, music, video or audio files, software and all HTML and other code contained in our Site and all other intellectual property remains at all times vested in Ettitude Holdings, Inc. and/or are the property of their respective third party owner and must not be used in any manner without the prior written consent of Ettitude Holdings, Inc. or the relevant third party. Trademarks displayed on the Site with links to other websites are the property of the respective owners. By making these trademarks available on the Site, we do not transfer any rights or permissions in or to these trademarks. No trademark or logo may be used as a hyperlink without prior written permission.
You are responsible for any Content you Post to the Site and all activity that occurs on the Site through your account. “Content” means any and all text, images, photos, audio, video, location data, hyperlinks, programs, and all other forms of data or communication in any media now known or hereafter devised. To “Post” means to post, submit, or transmit to, through, or in connection with the Site (including ettitude blogs, social media accounts). “Your Content” means Content that you Post. “User Content” means Content that users of the Site Post and includes, without limitation, Your Content and Content Posted by other users of the Site. You represent, warrant, and covenant that (a) you have all rights and licenses necessary with respect to your Post and the use of any of Your Content in connection with the Site, (b) your Post and the use of Your Content in connection with the Site will be in compliance with applicable law, and (c) you will not Post any Content to the Site that is unlawful, offensive, threatening, libelous, defamatory, obscene, or otherwise violates any third party’s rights, including intellectual property rights and/or privacy rights, or that violates this Agreement. ettitude does not have, and does not undertake, any obligation to prescreen, monitor, edit, or remove any Content Posted by you or other users. However, ettitude retains the right (but not the obligation), in its sole discretion and for any reason, to prescreen, monitor, edit, remove, or move any Posted Content.
From Us to You: You may use the Site, Materials and related services for your personal, non-commercial use. This right is limited, revocable, non exclusive and personal to you - no other rights or licenses are granted or implied. Accessing and using the Site, Materials and/or related services does not give you ownership of any intellectual property rights.
From You to Us: You retain all ownership rights to, and are responsible for Your Content, except for Customer Feedback as described below. You allow us to use and share Your Content with anyone through any media. This means you grant ettitude a non-exclusive, royalty-free, perpetual, worldwide, transferable and sublicensable right to use, copy, modify, translate, distribute, publish, and process any Your Content that you provide through the Site (including reviews), without any further consent, notice, accounting, and/or compensation to you or others. If you provide any feedback or suggestions regarding the Site, ettitude products or services, this is considered “Customer Feedback” and it will be considered the property of ettitude. You acknowledge that ettitude will not be obligated to implement any Customer Feedback or correct any defects, bugs or errors in Site identified in the Customer Feedback or otherwise.
THE UNAUTHORIZED COPYING, DISPLAYING OR OTHER USE OF ANY IMAGE, PART OR CONTENT FROM THIS SITE IS A VIOLATION OF LAW.
Your obligations and responsibilities
In the access or use of our Site, you agree to comply with these Terms and the special warnings or instructions for access or use posted on our Site from time to time. You will always act in accordance with the law, custom and in good faith. You may not make any change or alteration to our Site or any content or services that may appear on our Site and may not impair in any way the integrity or operation of our Site. When you use the Site or any Materials, you agree not to do any of the following (“Unauthorized Use”)
- misrepresent your identity;
- share your password or otherwise put your account at risk;
- use or attempt to use another user’s account;
- engage in contact mining, soliciting email addresses or other personal information, or creating spin-offs
- develop, support, or use software, devices, scripts, robots or another means to access the Site, redirect information, scrape the Site or otherwise copy profiles or other data from the Site;
- override any security feature or bypass or circumvent any access controls or use limitations of the Site;
- reverse-engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Site or any related technology that is not open source;
- post, disseminate, or transmit any User Content you do not have the right to post, disseminate, or transmit;
- interfere with, disrupt, or harm in any way the Platform or servers or networks connected to the Site;
- monitor Site availability, performance or functionality;
- engage in “framing” or “mirroring” or otherwise simulating the appearance or function of the Site;
- access, tamper with, or use non-public areas of the Site, or servers or networks connected with the Site; or
- use the Site for any illegal purpose, or in violation of this Agreement, any applicable laws or regulations, or in violation of the rules of any other websites.
Third party advertising and Websites
The Site may, from time to time, contain links to other websites, including links to other websites or resources operated by third parties, including advertisers. ettitude has not reviewed all of the websites linked to its Site and does not necessarily sponsor, endorse or approve of any of the advertising, products, services or other materials on, or available from, such websites. Furthermore, ettitude makes no warranties or representations regarding the quality, accuracy, merchantability or fitness for the purpose of any advertising, products, services or other materials on external websites to which its Site is linked. ettitude also makes no warranties or representations that the advertising, products, services or other materials on the websites to which this Site is linked does not infringe the intellectual property rights of any person anywhere in the world and ettitude is not authorizing the infringement of any such rights by linking to such websites.
Errors, Mistakes and Missing Information
Despite our tireless efforts, ettitude cannot guarantee that our Site will be completely free of errors and misleading information. In the event of an error or other content related issue, ettitude reserves the right to correct such error without notification. ettitude also reserves the right to cancel any order that may have been made under the pretense of such error. In the event ettitude has had to cancel an order that has been paid for, you will receive a full refund. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT THE SITE AND ANY MATERIALS IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT YOUR USE OF THE SITE, MATERIALS, OR USER CONTENT ARE AT YOUR OWN DISCRETION AND SOLE RISK. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. This waiver of warranties will not apply in states that do not permit the exclusion of implied warranties.
Limitation of Liabilities
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ETTITUDE BE LIABLE FOR PERSONAL INJURY, OR FOR INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INDIRECT DAMAGES OR FOR LOST PROFITS, LOST INCOME OR REVENUE, LOSS OF USE, LOSS OR DESTRUCTION OF DATA AND/OR YOUR CONTENT, STATEMENTS OR CONDUCT OF ANY THIRD PARTY, LOSS OF BUSINESS OPPORTUNITY, COST OF SUBSTITUTE GOODS, BUSINESS INTERRUPTION, OR ANY OTHER MATTER RELATING TO THE SITE WHETHER OR NOT WE ARE AWARE OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF THESE DAMAGES AND EVEN IF SUCH DAMAGES WERE FORESEEABLE.
ETTITUDE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOUR SOLE REMEDY AGAINST US IS TO STOP USING THE SITE OR MATERIAL. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE YOU AND ETTITUDE AND ETTITUDE WOULD NOT HAVE ENTERED INTO THIS AGREEMENT WITHOUT THIS LIMITATION OF LIABILITY.
THE FORGOING LIMITATION OF LIABILITY APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW.
For any claim brought by any party, you irrevocably consent and submit to the exclusive jurisdiction of the state courts located within Los Angeles County, California and/or the federal courts located in the Central District of California (collectively, the “Courts”). Except for claims subject to binding arbitration, as provided below, venue for any claim brought by any party shall exclusively lie in the Courts. You agree that any dispute or claim that you bring against ettitude arising out of or in connection with this Agreement will only be adjudicated by (i) arbitration by a single arbitrator in Los Angeles, California and in accordance with the rules of the American Arbitration Association; or (ii) in the small claims court located in Los Angeles County, California (if your claim so qualifies). ACCORDINGLY, YOU ACKNOWLEDGE THAT YOU MAY NOT HAVE ACCESS TO A COURT OTHER THAN A SMALL CLAIMS COURT. If you elect to file a small claims court action or to seek arbitration, you must first send a written notice of your claim to ettitude by Certified Mail and allow fifteen (15) days for the ettitude to respond before filing your claim. This notice must be addressed to:
3037, 11th Ave, Los Angeles, CA 90018
Any action based on a breach of any provision of this Agreement by you may be brought by ettitude to the Courts. Notwithstanding the foregoing, ettitude may seek injunctive relief at any time.
To the fullest extent permitted by applicable law, no arbitration under this Agreement will be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise, and any arbitration or trial by a judge of any claim will take place on an individual basis without resort to any form of class or representative action.
These Terms constitute the entire agreement binding you and ettitude with respect to your use of the Site, and supersede all prior or contemporaneous understandings, whether written or oral, regarding such subject matter.
If by reason of any fact, circumstance, matter or thing beyond the reasonable control of us or you either are unable to perform, in whole or in part, any obligation under these terms and conditions, then that party is relieved of that obligation to the extent and for the period of time that it is so unable to perform and is not to be liable to the other party in respect of such inability.
This Agreement is effective unless and until terminated by either you or us. You may terminate this Agreement at any time by notifying us that you no longer wish to use the Site, or when you cease using the Site and all associated Materials. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of this Agreement, we may terminate this Agreement and your access to the Site at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to the Site (or any part thereof). If any provision of these terms and conditions offends any applicable law and, as a consequence is illegal, invalid or unenforceable then where the offending term can be read down so as to give it a valid and enforceable operation of a partial nature, it must be read down to the minimum extent necessary to achieve that result. In any other case, the offending term must be removed from these terms and conditions, in which event the remaining provisions of these terms and conditions will continue to operate and be valid and enforceable. You may not assign or otherwise transfer any of your rights or obligations under these Terms without ettitude’s prior written consent. Any purported assignment in violation of this Section shall be void. ettitude may freely assign or otherwise transfer its rights or obligations under these Terms. These Terms shall apply to and be binding upon the approved successors and permitted assigns of the parties hereto. The parties are independent contractors. These Terms do not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties. These Terms do not and are not intended to confer any rights or remedies upon any person other than you and ettitude.
These terms and conditions and your relationship with ettitude are governed by the laws in force in the State of California USA, without regard to principles of conflict of laws.
Questions regarding the Services or these Terms should be directed as follows:
Thank you for taking the time to read our terms and conditions and we hope you enjoy your shopping experience with ettitude!
ettitude Holdings, Inc. (“ettitude", “we”, “our”, “us”) websites, including www.ettitude.com, www.ettitude.com.au and any of our related subdomains (collectively, our “Website”), social media page(s), mobile applications and related services, content, tools, widgets, software, API(s), and/or other product(s), service(s), data, or information supplied to you by ettitude (collectively, including any new features and applications, and the Website and the mobile applications, the “Site”) are made available to ettitude customers for access to information about ettitude products. ettitiude is committed to providing a positive experience to all our customers and we aim to facilitate the accessibility and usability of our Site, regardless of circumstance and ability.
To fulfill this promise, we aim to adhere as closely as possible to Web Content Accessibility Guidelines 2.1 (WCAG 2.1) at the AA level, published by the World Wide Web Consortium’s (W3C). These guidelines explain how to make web content more accessible to people with a wide array of disabilities. Complying with those guidelines helps us provide a site that is accessible to all people, from the blind to the motor impaired.
This website utilizes various technologies all meant to make it more accessible. We utilize an interface that allows persons with specific disabilities to adjust the website’s UI (user interface) and design it to their personal needs. This interface replaces the more conventional approach of providing all users with the same, lesser but accessible interface or design.
Here are some of the interface’s capabilities:
Font adjustments- users can increase and decrease its size, change its family (type), adjust the spacing, alignment, line height, and more.
Color adjustments- users can select various color contrast profiles such as light, dark, inverted and monochrome. Additionally, users can swap color schemes of titles, texts, and backgrounds, with over 7 different coloring options.
Animations – epileptic users can stop all running animations with the click of a button. Animations controlled by the interface include videos, GIFs and CSS flashing transitions.
Content highlighting – users can choose to emphasize important elements such as links and titles. They can also choose to highlight focused or hovered elements only.
Audio muting – users with hearing devices may experience headaches or other issues due to automatic audio playing. This option lets users mute the entire website instantly.
Cognitive disorders – we utilize a search engine that is linked to Wikipedia and Wiktionary, allowing people with cognitive disorders to decipher meanings of phrases, initials, slang, and others.
Additional functions – we provide users the option to change cursor color and size, use a printing mode, enable a virtual keyboard and many other functions.
Additionally, the website utilizes an AI-based application that runs in the background and optimizes its accessibility level every 24 hours. This AI engine remediates the website’s HTML issues as well as functionality and behavior of the site for screen readers used by the visually impaired, and keyboard functions used by individuals with motor impairments.
We utilize AI for the following accessibility components:
Screen-reader optimization: The AI runs in the background and learns the website’s components from top to bottom, thereby providing screen-readers with meaningful data using the ARIA set of attributes. For example, it will provide accurate form labels; descriptions for actionable icons (social media icons, search icons, cart icons, etc.); validation guidance for form inputs; element roles such as buttons, menus, modal dialogues (popups), and others.
Additionally, the AI scans all of the website's images and provides an accurate and meaningful image-object-recognition-based description as an ALT (alternate text) tag. It will also extract texts that are embedded within the image, using an OCR (optical character recognition) technology. To turn on screen-reader adjustments at any time, users need only to press the Alt+1 keyboard combination. Screen-reader users also get automatic announcements to turn adjustments on as soon as they enter the website.
Additionally, keyboard users will find quick-navigation and content-skip menus (available at any time by clicking Alt+1). The AI will also handle triggered popups by moving the keyboard focus towards them as soon as they appear, and not allow the focus drift outside of it.
Browser and Assistive Technology Compatibility:
We aim to support the widest array of browsers and assistive technologies as possible, so our users can choose the best fitting tools for them, with as few limitations as possible. Therefore, we have worked very hard to be able to support all major systems that comprise over 95% of the user market share including: Google Chrome, Mozilla Firefox, Apple Safari, Opera, Microsoft Edge and I.E 11 or above, JAWS and NVDA (screen readers), both for Windows and for MAC users. This website is operable using other platforms as well, though we are not officially supporting them and recommend users to utilize the aforementioned systems.
Notes, Comments, and Feedback:
Despite our very best efforts to allow anybody to adjust the website to their needs, it is possible that there will still be pages or sections that are not fully accessible, are in the process of becoming accessible, or are lacking an adequate technological solution to make them accessible. Still, we are constantly improving the accessibility interface, adding, updating and improving its options and features, and developing and adopting new technologies. All this is meant to reach the optimal level of accessibility, at all times, and in accordance with technological advancements.
If you’ve discovered a malfunction, if you find any aspect of the interface difficult to use, or if you have ideas for improvement, we’ll be happy to hear from you. Simply click on the “Feedback” button at the bottom of the interface, and fill out the feedback form. Alternatively, you can send an email to our web accessibility team at firstname.lastname@example.org If you wish to contact the website owner directly, please email the above-mentioned address and we’ll provide you with their contact information (we do not publish this information due to data collection and misuse conducted by spambots). To contact ettitude's Customer Service team, please email us at email@example.com.