terms-and-conditions

Terms and Conditions

Last Update: February 10, 2019

Welcome to AmeenaMattress.com! These Ameena Terms & Conditions of Service apply to the internet website and any other digital properties (collectively, “Ameena”) operated by Bedding Pros, LLC., dba Ameena (“we” or “us”) and ALL orders, whether placed over the phone or electronically. Please read our terms and conditions carefully. By using the website, you are indicating to us that you agree to these Terms as they are written here. If you do not agree to these Terms, please leave and do not use the website. If you have questions about these Terms, please contact us

We may change, suspend, or discontinue any aspect of AmeenaMattress.com at any time, including hours of operation or availability of the website or of any product or feature, without notice or liability.

Please note the arbitration provision set forth below, requiring you to arbitrate any claims you may have against Ameena on an individual basis. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.

Privacy

Please review our Privacy Notice, which also governs your use of AmeenaMattress.com to understand our practices. The Privacy Policy is part of these Terms.

Electronic Communications

When you visit Ameena, or send text messages, e-mails or other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by phone, text, e-mail or by posting notices on this site and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Copyright

All content included on this site, such as text, graphics, logos, button icons, images, audio/video media, digital downloads, data compilations, and software, is the property of Ameena, JJR IP Services, LLC, or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Ameena and protected by U.S. and international copyright laws. All software used on this site is the property of Ameena or its software suppliers and protected by United States and international copyright laws.

Trademarks

Ameena, Comfort Scale, How to Buy a Mattress, and other Ameena graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of JJR IP Services, LLC, in the U.S. and/or other countries. Ameena' trademarks and trade dress may not be used in connection with any product or service that is not Ameena', in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Ameena. All other trademarks not owned by JJR IP Services, LLC, that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Ameena.

Minors

Ameena does not sell products to children, but to adults who can purchase with a credit card or other certified payment method. If you are under 18, you may use Ameena only with consent of a parent or guardian. Ameena reserves the right to refuse service, remove or edit content, or cancel orders in their sole discretion.

License and Site Access

Ameena grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Ameena. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, image stripping, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms & Conditions or any Service Terms are reserved and retained by Ameena or its licensors, suppliers, publishers, rightsholders, or other content providers.

This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Ameena.

You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Ameena and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Ameena’ name or trademarks without the express written consent of Ameena. You may not use any direct linking or source-calling of any media presented on this web site.

Any unauthorized use terminates the permission or license granted by Ameena. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the homepage of Ameena so long as the link does not portray Ameena, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Ameena logo or other proprietary graphic or trademark as part of the link without express written permission.

Reviews, Comments, Communications, and Other Content

If you post content or submit material, submit suggestions, ideas, comments, questions, or other information, the content must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable or consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of such content. Ameena reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Ameena a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Ameena and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Ameena for all claims resulting from content you supply. Ameena has the right but not the obligation to monitor and edit or remove any activity or content. Ameena takes no responsibility and assumes no liability for any content posted by you or any third party.

Google Maps Implementation and Terms of Use

The feature of our purchase process that auto-populates addresses when you begin typing them into our order form implements functionalities that are enabled by Google Maps APIs. By using those features of functionalities, you are bound by Google’s Terms of Service with respect to those features or functionalities. Google’s Terms of Service can be found here.

Back Order

Although we try our best to inform you before your order is placed, an item may be on backorder with the manufacturer. In the event your order is on backorder, we are happy to cancel it for you at no charge. However, if the item has already shipped within the indicated delivery timeframe, it would be subject to the Returned or Refused Non-Damaged Orders Policy.

Pricing

Except where noted otherwise, the list price or reg. price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The list or reg. price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the list or reg. price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set. Nevertheless, Ameena makes no claims to having sold products at the list or reg. price or that any party has sold products at that price.

Despite our best efforts, a small number of the items in our catalog may be mispriced. In the event that an item is mispriced, Ameena may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Prices and availability are subject to change without notice.

Coupons

Coupons are intended for single use only and limited to one coupon per household. Coupons are valid for a limited time only and can be modified by us or canceled at anytime. If items purchased with a coupon are returned, the discount may be subtracted from the credit returned. Void where prohibited. Coupons have no value.

Order Acceptance

The receipt of an order number or an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. For your convenience, you will be charged upon ordering and your order will be shipped within the time stated on the product specific page or mentioned under the delivery options section of the website. If your order is unable to ship within 24 hours, we will hold your funds as a deposit on the goods until the product ships. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verification or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after payment received, we will issue a credit by the charged payment method for the amount of the charge.

Quantity Limits and Dealer Sales

Ameena reserves the right to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same the same payment account and also to orders that use the same billing and/or shipping address, or same email address. We will provide notification to the customer e-mail and/or billing address provided should such limits be applied. Ameena also reserves the right to prohibit sales to dealers. If you are interested in purchasing multiple quantities of items for a corporation or institution, please contact us through our Sales department.

Product Information

Ameena attempts to be as accurate as possible. However, Ameena does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product you purchase from us is not as described, your sole remedy is to return it in unused condition. We have also made every effort to display as accurately as possible the colors and finishes of the products that appear on the site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color or finish will be accurate. We work closely with our vendors and strive to make 100% certain that all product colors, dimensions, and angles are exact; however, there are sometimes small discrepancies. Ameena will not be responsible if any of these are slightly different from what was advertised. All of our information is provided to us by our vendors. Any questions or hesitations based on color or dimensions must be discussed before placing your order, and if not fully addressed, Ameena will not be held responsible.

Sales Tax

We will display the current prices for products available for purchase. The prices do not include applicable taxes and fees that we are legally required to charge you. We will inform you about any such taxes and/or fees before you are able to complete a purchase order.

We collect sales tax on orders where we are legally required to do so. We currently collect in Alabama, Arkansas, California, Colorado, Georgia, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maryland, Massachusetts, Michigan, Minnesota, Nebraska, Nevada, New Jersey, New York, North Carolina, North Dakota, Ohio, Oklahoma, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, Vermont, Washington, West Virginia, Wisconsin and Wyoming. But while we won't tax you, your state might. Check with your local taxing authorities on your specific regulations.

Canceling or Change Orders

Most items are ordered directly from the manufacturer where they quickly enter production and are shipped. Because we work diligently to make sure that your order is processed and sent to the manufacturer as soon as possible, orders may be canceled within 1 business day from when the order was placed. Any requests to cancel an order outside of 1 business day will be subject to our standard return policy.

Order cancellation requests must be submitted to customer support. Once we are able to cancel your order, we will send you an email confirmation of the cancellation.

Refunds will be made to the original method of payment and will be processed within 5 business days. Please be advised that it could take your credit card company an additional 2 business days for your refund to be reflected on your billing statement.

Returns Policy

We offer a 120-Night Risk Free Trial. If you find Ameena isn't right for you, we will work together to find a local charity or non-profit that can use it instead. Once your mattress is donated, we'll give you a full refund and while we're at it, we'll throw in a $100 gift certificate to our sister site US-Mattress.com.

To start the process, email us at service@ameenamattress.com and we'll be happy to help.

Refusal of Delivery (Non-Specified Reason)

If you refuse an order without notifying Ameena of any damage or manufacturer defects, Ameena will reach out to you over a period of no more than 5 business days requesting a reason for refusal. If contact cannot be made within 5 business days from the date the order was refused, the order will default to our Non-Damage & Non-Defect Return Policy at which time you will be automatically charged round trip shipping fees and a 25% restocking fee and the order will be returned. If the item you refused falls under the custom made category, no refund will be issued.

Damage Policy

If an order is deemed damaged by the shipping company, manufacturer and/or by Ameena, we will work diligently to have the issue resolved. Ameena will only accept responsibility for a damaged item where you notated damage on the delivery receipt and you reported the damage to Ameena within 1 day. Failure to note damage on the delivery receipt and notify Ameena within 1 day will relinquish Ameena, the shipper and the manufacturer of all liability. Please be advised that there are different procedures for accepting delivery depending on the delivery service level that you have chosen. Refer to your order confirmation to confirm the selected level of service.

Other Businesses

We provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from Ameena. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). Ameena does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

Indemnification

You agree to defend, indemnify and hold Ameena harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the site.

Disclaimer of Warranties and Limitation of Liability

THIS SITE IS PROVIDED BY AMEENA ON AN "AS IS" AND "AS AVAILABLE" BASIS. AMEENA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, AMEENA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, AMEENA DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS WEB SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE AMEENA WEBSITE, THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.

Limitation of Liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL AMEENA OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS AND OTHER AMEENA WEBSITES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF AMEENA HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL AMEENA BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

NOTE THAT SOME LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION DO NOT APPLY TO NEW JERSEY RESIDENTS.

DISPUTES

Any dispute or claim relating in any way to your use of any products or services sold or distributed by Ameena will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Ameena, 35799 Industrial Road, Livonia, MI 48150. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Ameena, will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial.

Applicable Law

This Agreement shall be governed by and construed under Michigan law as such law applies to agreements between Michigan residents entered into and to be performed within Michigan. Any action or proceeding arising out of or related to these Terms and Conditions or your use of this site must be brought in the state or federal courts of Michigan. These policies also govern your visit to this and all other Ameena websites. Ameena reserves the right to update or modify these Terms and Conditions at any time without prior notice. Your use of the Ameena website following any such change constitutes your unconditional agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this Web site.

Contact Information:

Please contact us with any questions you have. We are here to serve you. Thank you for your business.

By Phone: 877-825-2812
By Email: service@ameenamattress.com
By Mail:
Bedding Pros LLC
1289 Rickett Road
Brighton, MI 48116