MY BOAT PILLOW TERMS AND CONDITIONS

 

(Revised December 26, 2024)

 

All Product Prices are in US Currency.

 

These Terms & Conditions apply to the website located at www.MyBoatPillow.com and any other sites, mobile sites, social media, services, applications, platforms and tools through which My Pillow® products may be purchased from us and/or are advertised by us (collectively, the "Site"). As used in these Terms & Conditions, "My Boat Pillow", "us" or "we" refers to My Boat Pillow, LLC, an Ohio Limited Liability Company. and its subsidiaries and affiliates.

 

PLEASE READ THE FOLLOWING CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS. THESE TERMS & CONDITIONS CONTAIN AN AGREEMENT TO ARBITRATE THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND.

 

BY ACCESSING OR OTHERWISE USING THE SITE YOU AGREE TO THESE TERMS & CONDITIONS. By using this Site, you represent that you are of the age of majority where you live. If you are not of the age of majority, you must only use this Site under the supervision of your parent or legal guardian who agrees to the Agreement. If you are a parent or legal guardian agreeing to the Agreement, you must monitor and supervise the use of this Site by the minor and you are fully responsible for the minor’s use of this Site, including all financial charges and legal liability that he or she may incur. If at any time you do not accept all of these Terms & Conditions, you must immediately stop using the Site.

 

Returns

 

The following return policy applies to My Boat Pillow products and not to other products. This return policy applies only if a different return policy is not stated with regard to a specific product. Please check your order carefully upon receipt. If you are not completely satisfied with your order, return your item(s) back to us within the first 10 days from the date you receive your original order, and we will refund 100% of your purchase price (less shipping costs). This refund will then be processed when we receive your returned product. Return costs are the responsibility of the customer.

 

Health Information

 

I understand that any My Pillow product is not intended to be used as a floatation device 

 

Shipping And Handling Method

 

At My Boat Pillow’s option, all orders will be processed and will be shipped via DHL, USPS or FedEx, depending upon location and size of the order.

 

Availability, Errors, and Limitations on Quantities

 

My Boat Pillow’s acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped or that the price or availability of an item has been confirmed. My Boat Pillow makes a conscientious effort to describe and display its products and services accurately on the Site. Despite these efforts, a small number of items on the Site may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Site and in our advertising on other sites. As a result, we cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. My Boat Pillow reserves the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. As part of our shipping procedures, we verify the availability and the price before an item is shipped.

 

My Boat Pillow does not offer additional discounts on large orders of a single item or on large orders of many individual items. In addition, we reserve the right to limit quantities on orders placed by the same account, on orders placed by the same credit card, and on orders that use the same billing or shipping address. We will notify you if such limits are applied. My Boat Pillow reserves the right to prohibit purchases of any merchandise to resellers. Resellers are defined as a company or an individual that purchases goods with the intention of selling them rather than using them.

 

Purchaser Reviews and Submissions

 

My Boat Pillow welcomes your reviews, comments, and other communications, photos, videos, or any other content that you submit through or to the Site, or any content or information you publish through any social media and allow My Boat Pillow to feature, such as your name, social media handle, accompanying text, and any images from your social media accounts (e.g. Twitter™, Facebook™) (collectively, "User Content") as long as the User Content submitted by you complies with these Terms & Conditions. You agree that any User Content: will be accurate; will not violate or facilitate the violation of any law or regulation; will not violate any right of a third party, including copyright, trademark, privacy, or publicity rights; will not cause injury to any person or entity; and will not contain, or provide links to, obscene, profane, or threatening language, malware, political campaigning, commercial solicitation, chain letters, mass mailings, any form of "spam", or any material that could be considered harmful, sexually explicit, indecent, lewd, violent, abusive, or degrading. You are solely responsible for the User Content you submit, and My Boat Pillow assumes no liability for any User Content submitted by you. You acknowledge and agree that we reserve the right (but have no obligation) to do any or all of the following, in our sole discretion: (i) monitor User Content; (ii) alter, remove, or refuse to post or allow to be posted any User Content; and/or (iii) disclose any User Content, and the circumstances surrounding its transmission, to any third party. For any User Content you submit, you grant to My Boat Pillow a non-exclusive, sub-licensable, fully paid-up, perpetual, irrevocable, royalty-free, transferable right and license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, sell and distribute such User Content and to incorporate the User Content into any form, medium, or technology, now known or hereafter developed, throughout the world, all without compensation to you. For this reason, do not send us any User Content that you do not wish to license to us, including any confidential information or any original creative materials such as stories, product ideas, or original artwork. In addition, you grant to My Boat Pillow the right to include the name provided along with the User Content submitted by you; provided, however, My Boat Pillow shall have no obligation to include such name with such User Content. We are not responsible for the use or disclosure of any personal information that you voluntarily disclose in connection with any User Content you submit. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section.

 

Disclaimers of Warranties

 

My Boat Pillow cannot and does not represent or warrant that the Site or its server will be error-free, uninterrupted, free from unauthorized access (including denial of service attacks), or otherwise meet your requirements.

 

THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, SERVICES, AND USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE (COLLECTIVELY, THE "SITE CONTENTS") ARE PROVIDED BY MY BOAT PILLOW ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. MY BOAT PILLOW MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE ACCURACY OR COMPLETENESS OF THE SITE CONTENTS, OR THAT EMAILS SENT FROM MY BOAT PILLOW ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMITTED BY LAW, MY BOAT PILLOW DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SITE AND THE SITE CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.

 

Jurisdiction

 

The Site is controlled and operated by My Boat Pillow from the State of Ohio, United States, and is not intended to subject My Boat Pillow to the laws or jurisdiction of any state, country or territory other than that of Ohio, United States. My Boat Pillow does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the Site, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations.

 

Limitation of Liability

 

UNDER NO CIRCUMSTANCES SHALL MY BOAT PILLOW OR ITS EMPLOYEES, DIRECTORS, OFFICERS, OR AGENTS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH (A) THE SITE AND/OR (B) ANY GOODS SOLD OR PURCHASED FROM THE SITE, OR THEIR SUITABILITY OR USE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT OR TORT, EVEN IF MY BOAT PILLOW HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, ANY CONTENT ON THE SITE, OR THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.

 

 

PROPERTY RIGHTS.

 

If you intend to assert a Claim you must first send written notice (“Notice”), by first class or certified mail, to My Boat Pillow, attention Legal Department, 1728 Allentown Road, Lima, Ohio 45805.  If My Boat Pillow intends to assert a Claim, My Boat Pillow will send Notice to the current billing address on your account. The Notice must describe the nature and basis of the claim and the specific relief sought. If the parties cannot reach an agreement within thirty (30) days from the receipt of the Notice, either party may initiate legal proceedings.

 

THE MAKING OF CLAIMS OR RESOLUTION OF DISPUTES PURSUANT TO THIS AGREEMENT SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SITE, THE PURCHASE OF PRODUCTS FROM MY BOAT PILLOW AND/OR THESE TERMS & CONDITIONS WILL BE RESOLVED INDIVIDUALLY IN THE FORUM DESIGNATED IN THIS DISPUTES SECTION, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; AND, (2) EXCEPT FOR NEW JERSEY RESIDENTS AND WHERE OTHERWISE PROHIBITED BY LAW, ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE.

 

Indemnification

 

As a condition of the use of the Site, you agree to defend, indemnify, and hold harmless My Boat Pillow and its respective employees, directors, officers, agents, vendors, and suppliers from and against any liabilities, losses, investigations, inquiries, claims, suits, damages, costs, and expenses (including, without limitation, reasonable attorneys’ fees and expenses) (each, a "Claim") arising out of or otherwise relating to Claims alleging facts that if true would constitute a breach by you of these Terms & Conditions, or any User Content submitted by you.

 

Miscellaneous

 

These Terms & Conditions, including policies and information linked from or incorporated herein, constitute the entire agreement between you and My Boat Pillow with respect to the Site and supersede all prior or contemporaneous communications, agreements, and proposals with respect to the Site. No provision of these Terms & Conditions shall be waived except pursuant to a writing executed by the party against whom the waiver is sought. No failure to exercise, partial exercise of, or delay in exercising any right or remedy under these Terms & Conditions shall operate as a waiver or estoppel of any right, remedy, or condition. If any provision of these Terms & Conditions is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired. We will not be responsible for failure to fulfill any obligation due to causes beyond our control.

 

Contacting Customer Service

 

If you have any questions regarding refunds, billing, or future orders, please contact our customer service department. Please be advised that all calls to or from our customer service or sales departments are recorded for quality and training purposes, and by calling or accepting a call from us you consent to such recording

 

Email Address:

admin@MyBoatPillow.com

 

Phone:

419-227-9595 or 419-236-2208