These Terms and Conditions are effective as of January 1, 2017.

These Terms and Conditions (the “Terms”) set forth below apply to the website (the “Site”) owned and operated by TOCHTA, and any transaction conducted through the site. By visiting the Site and using or accessing the information, resources, services, products and tools on the Site you agree to accept and adhere to the Terms, as well as any Privacy Policy contained in these Terms. We reserve the right to change the Terms from time to time without notice. You acknowledge and agree that it is your responsibility to review the Terms periodically to review any modifications, and that your use of the Site indicates your agreement to any modification to the Terms. If you do not agree with the Terms you must exit the Site immediately and discontinue use of any and all portions of the Site.

Privacy

All personal information that we collect from you through this Site is subject to our Privacy Policy, which can be reviewed here. This Privacy Policy is hereby incorporated in these Terms by this reference. As with the Terms, we reserve the right to change the Privacy Policy from time to time without notice.

Site Use

By visiting out Site you agree to use the Site and any information contained therein only for its intended purpose. Your use of the Site must comply with these Terms and any Privacy Policy, as well as applicable laws and regulations. You agree that the following uses of the Site, or related to the Site, are prohibited:

(a) any attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the Site, user accounts, or the technology and equipment supporting the Site;

(b) framing or linking to the Site without express written consent;

(c) the use of data mining, robots, or other data gathering devices on or through the Site;

(d) posting of incomplete, false, or misleading information;

(e) impersonating another person, or misrepresenting your affiliation with a person or entity;

(f) disclosing personal information about another person;

(g) posting objectionable material;

(h) selling, transferring, or assigning any of your rights to use the Site to a third party without our express written consent;

(i) posting advertising or marketing links or content without our express written consent;

(j) use of the Site in an illegal way or to commit an illegal act in relation to the Site or that otherwise results in fines, penalties, and other liability to TOCHTA or others;

(k) access of the Site from a jurisdiction where it is illegal or unauthorized;

(l) engaging in any activity that disrupts or interferes with the Site; or

(m) attempting to copy, duplicate, reproduce, sell, trade or resell any portion of the Site or information contained on the Site.

Warranties

THE INFORMATION AND CONTENT ON THE SITE IS PROVIDED “AS IS” WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY OF THE PRODUCTS WILL BE MADE EXPRESSLY IN WRITING. UNLESS OTHERWISE EXPRESSED, TOCHTA EXPRESSLY DISCLAIMS ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We are not liable for any damages, including any consequential damages, of any kind that may result to you from the use of the Site and the materials on the Site, or of any of the products or services described hereon. We are not liable for any content downloaded or otherwise obtained through the use of Site, as this is done at your own discretion and risk, and you are solely responsible for any damage to your computer or other devices, as well as for any loss of data that may result from the download of such content.

A possibility exists that the Site could include inaccuracies or errors. Although we try to ensure the integrity and accuracy of all information on the Site, We make no guarantees about such correctness or accuracy.

Limitation on Liability

In conjunction with the limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services from us. TOCHTA will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Site or the information on our Site, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.

Trademarks, Copyright and other Intellectual Property

All trademarks, service marks and trade names (collectively the “Marks”) that appear on this Site are the property of TOCHTA, or the other respective owners of such Marks. You may not display, reference or reproduce the Marks in any manner without our express written consent.

All content on the Site, including images, illustrations, designs, icons, photographs, video clips and other materials is the property of TOCHTA or its partners and is protected by United States and international copyright laws. The compilation of this Site is the exclusive property of TOCHTA and is protected by United States and international intellectual property laws. Any unauthorized use of any content or materials on this Site is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes. You may use the materials or content on this Site only with our prior written consent.

Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of TOCHTA or any third party, except as expressly granted herein or with the express written consent of the owner of such intellectual property.

Eligibility to Use Site

The Site may not be used by and is not directed for use by any person under the age of 13. If you are under the age of 13 you are prohibited from using this Site for any purpose at any time.

Termination of Use

You agree that we may, in our sole discretion, suspend or terminate your access to all or part of the Site with or without notice and for any reason, including, without limitation, breach of the Terms. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Site will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

Shipping and Delivery

We only ship product within the contiguous United States at this time. If you are interested in delivery to Mexico, Canada, Alaska, Hawaii or a US territory please contact our customer service department to determine if arrangements can be made and the additional cost of such shipping. The risk of loss and title for all products ordered on the Site transfers to you when the product is delivered to the shipping carrier. All shipments are made using regular ground service and will be shipped within 2 to 5 business days following the date of your order. Delivery is generally made within 4 to 5 business days after shipping. Expedited shipping is available for an additional charge.

Return Policy

All returns require a RA#. You can obtain a RA# by emailing help@tochta.com, along with your name and order #, and we will authorize your return. It is the customers responsibility for return packaging and shipping costs. The mattress cannot be cut into separate pieces and must be in it’s original condition (Excluding the cover. We understand that the cover could be dirty and/or damaged from the packing process). Any mattress which has been cut or altered into a different size or shape than the way it was ordered, will be ineligible for return.

Governing Law

These Terms will be governed and construed in accordance with the laws of the State of California. If a lawsuit or court proceeding is brought concerning these Terms, any purchase from the Site or related to any matter concerning this Site, then you and TOCHTA agree to submit to the jurisdiction of the Superior Court for the state of California and the County of Riverside or the United States District Court for the Eastern Division of the Central District of California.

Miscellaneous

The Terms constitute the entire agreement between you and TOCHTA with respect to this Site. The Terms supercede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and TOCHTA with respect to the Site. No modification of the Terms shall be effective unless it is authorized by TOCHTA. If any provision of the Terms is found to be invalid, void or unenforceable, then this provision will be deemed severed, and the remainder of the Terms shall still remain in full force and effect.