By visiting or shopping this website, thebedstudio.com (“TBS” or “we”), you represent, warrant, understand and agree to accept the following Terms of Use.  The Terms of Use hereby incorporate by this reference any additional Terms of Use posted on TBS or otherwise made available to you by TBS.

Your use of TBS is governed by these Terms of Use regardless of how you access TBS, including through the internet, through Wireless Access Protocol (WAP), through a mobile network or otherwise.

BY USING TBS, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ACCEPT AND BE BOUND BY THE TERMS OF USE.  BY USING TBS ON BEHALF OF A COMPANY OR OTHER ORGANIZATION, THEN YOU ARE ACCEPTING AND AGREEING TO THE TERMS OF USE ON BEHALF OF SUCH ORGANIZATION AND YOURSELF, AND YOU REPRESENT YOU HAVE THE LEGAL AUTHORITY TO BIND SUCH ORGANIZATION.

THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION 14 BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND.

1. You are responsible for regularly reviewing these Terms of Use.  The Bed Studio reserves the right to update, change, modify or otherwise alter the Terms of Use at any time without notice to you.  Such revisions shall be effective immediately upon posting of the revised Terms of Use on TBS and you agree that you shall be bound by such.  ANY ACCESS OR USE OF TBS BY YOU AFTER THE POSTING OF ANY REVISIONS SHALL CONSTITUTE AND BE DEEMED YOUR AGREEMENT TO THESE TERMS OF USE.
   
   
2. Information submitted through TBS is governed by TBS’s Privacy Policy.  You represent and warrant that any information you provide in connection with TBS is and will remain accurate and complete, and that you will maintain and update such information as needed.
   
   
3. You are hereby granted a non-exclusive, limited, revocable non-transferable license to view the content on TBS, but only while accessing TBS.  You agree that you are only authorized to visit, view and retain a copy of any websites or webpages of TBS for informational, non-commercial and your own personal use.  In addition, you understand and agree that you are strictly prohibited from duplicating, downloading, publishing, republishing, adapting, modifying, displaying, transmitting, or otherwise distributing the content and/or TBS for any commercial use (for profit or not), or for any other purpose other than as may be expressly permitted in these Terms of Use.
   
   
4. TBS may make available listings, descriptions and images of goods (“Products”).  Such information and the availability of any Product (including the availability of a discount) is subject to change at any time without notice.  Measurements, dimensions, weights and similar descriptions are approximate and are for convenience only.  We make reasonable efforts to accurately display the attributes of Products, including the applicable colors, textures shades and other features.  Because every computer monitor or other display portrays color differently, we cannot be responsible for variations between the product color and how it is displayed on your screen.  TBS assumes no liability whatsoever for the description, for variance including in colors, textures, minor imperfections, and/or product not meeting with customer satisfaction, absent a manufacturer-verified defect.
   
   
5. By placing an order with TBS, you are (1) offering to purchase the product, (2) representing that you are over 18 years of age, and (3) representing that all information you provide to us in connection with the order is true and accurate. If you wish to place an order you may be asked to supply certain relevant information, such as your credit card number and its expiration date, your billing address and your shipping information.  You represent and warrant that you have the right to use any credit card that you submit in connection with the order. By submitting such information, you grant TBS the right to provide such information to third parties for purposes of facilitating transactions.  Verification of information may be required prior to the acknowledgment or completion of any order.  You agree that we may store your payment information following the completion of a transaction.  We will only use payment information to finalize complete payment for any product purchased through TBS.  You agree to pay all charges incurred by you or on behalf of TBS, at the prices in effect when such charges are incurred, including all shipping and handling charges.  Furthermore, you are responsible for any taxes applicable to your order.  The receipt by you of an order confirmation does not constitute TBS’s acceptance of an order.  We retain the right to refuse any request made by you.  TBS reserves the right any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from TBS, for any reason whatsoever.  In the event an item lists an incorrect price, either due to typographical or other error, TBS shall have the right to refuse or cancel any such order placed for the incorrect price.  If payment has already been made or if your account has already been charged for the purchase and the order Is cancelled, TBS shall credit your account in the amount of the incorrect price.  All purchases are subject to TBS’s Return and Cancellation policies.
   
   
6. If you are a Trade Customer as determined by TBS, in addition to these Terms of Use, Trade Terms & Conditions will apply to you and your orders as a trade customer.  Such additional terms and conditions are generally made available in connection with the registration process for trade customers.  To the extent of any conflict between the terms and conditions of the Terms of Use and the Trade Terms & Conditions, those of the Trade Terms & Conditions will govern.
   
   
7. TBS reserves the right to make changes to pricing and specifications without prior notice and without incurring any obligations to you.  All prices and products advertised are subject to change.  All prices displayed on TBS are quoted in U.S. Dollars.
   
   
8. Estimated shipping times are located on each product page.  Please note that these are only estimated shipping times and are subject to change.  We will do our best to keep you updated on issues that arise due to any back up in production.  If there is a problem, we will alert you as soon as we are made aware that a problem exists.
   
   
9. Portions of TBS may require a user name and/or password.  We may reject, or require that you change, any username, password or other information that you provide to use in registering with TBS.  Your username and password are for your personal use only and should be kept confidential.  You, and not TBS are responsible for any use or misuse of your username or password.  You must promptly notify TBS of any confidentiality breach or unauthorized use of your username or password or account for TBS.
   
   
10. TBS does not control, approve, sponsor or endorse any third-party content, products or services and makes no representations regarding, and is not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of any third-party content, products or services.  Any third-party content, products or services posted on, transmitted through, or linked to from TBS are the sole responsibility of the third-party originator of such content.  Links to any third-party content are provided for your convenience only.  If you choose to access any third-party content, you do so at your own risk.  YOU ACKNOWLEDGE AND AGREE THAT TBS IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ACCESSING A THIRD-PARTY WEBSITE, OR ANY DEALINGS WITH ANY THIRD-PARTY WEBSITE, OPERATOR THEREOF, OR ANY THIRD-PARTY CONTENT, PRODUCTS OR SERVICES.  Any concerns regarding content and/or availability of hyperlinks of a third-party on TBS, which are not controlled by TBS, should be directed to the third-party that controls such content or hyperlink.
    
    If, at TBS’s request, you send certain specific submissions or without a request from TBS, you send creative ideas, suggestions, proposals, plans, pictures, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that TBS may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any  medium any Comments  that you forward to us.  TBS shall be under no obligation )1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments. 
    
    
11. TBS may, but has no obligation to, monitor, edit or remove content that it may determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.
    
    
12. Through or in connection with your use of TBS you must not post, transmit or otherwise make available any materials that are or may be (i) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others (ii) defamatory, libelous, fraudulent or otherwise tortious; (iii) obscene, indecent, pornographic or otherwise objectionable; or (iv) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.  You agree to not use any automatic or manual conduct, device, process, software, program, algorithm, methodology or routine, including but not limited to a “robot”, “spider” or other similar process or functionality to interfere (or attempt to interfere) with, damage, disable or impose an unreasonable burden or load on, the operation of TBS, or transmit any worms or viruses or any code of destructive nature on or to TBS.  You agree to not harvest or collect information about users of TBS or restrict or inhibit any other person from using TBS.
    
    
13. All content included on TBS’s site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of TBS or its content suppliers and is protected by United States copyright, trade, dress, and trademark laws, as well as international treaties, conventions and the laws of other countries, as applicable.  Except as may be expressly permitted by TBS, you may not use, reproduce, copy, modify, publish, transmit, distribute, perform, display, download, license, enter into a database, create derivate works from, reverse engineer, frame, transfer, or sell ay content obtained from or through TBS.
    
    
14. You agree that monetary damages may not provide a sufficient remedy to TBS for violations of these Terms of Use, and you consent to injunctive or other equitable relief for such violations.
    
    
15. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) TBS AND ANY PRODUCTS AND THIRD PARTY MATERIALS ARE MADE AVAILABLE TO YOU “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND (B) TBS DISCLAIMS ALL WARRANTIES WITH RESPECT TO TBS AND ANY PRODUCTS AND THIRD PARTY MATERIALS TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INDLUCING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE.  THE PRODUCTS ARE NOT DESIGNED FOR COMMERCIAL USE (EXAMPLES INCLUDE BUT ARE NOT LIMIITED TO HOTELS, RESTAURANTS OR ANY OTHER PLACE WHERE THE PUBLIC MAY USE A PRODUCT OUTSIDE OF A PRIVATE RESIDENTIAL SETTING), AND WITHOUT LIMITING ANY OTHER DISCLAIMER HEREIN, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, WE DISCLAIM ALL LIABILITY FOR ANY DAMAGES ARISING FROM SUCH COMMERCIAL USE.  THIS SECTION DOES NOT AFFFECT ANY EXPRESS WARRANTIES THAT WE MAY PROVIDE DIRECTLY TO YOU IN WRITING WITH RESPECT TO PRODUCTS PURCHASED THROUGH TBS.  ALL DISCLAIMERS OF ANY KIND (INCLUDED IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF BOTH TBS AND ITS AFFILIATES AND THEIR RESPECTIVE, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIER AND SERVICE PROVIDERS (HEREINAFTER, THE “AFFILIATED ENTITIES”).
    
    
16. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: TBS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE OR DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION TRANSMITTED VIA TBS (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF SUCH INFORMATION), EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.  WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) TBS WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OR INABILITY TO USE TBS OR FROM ANY PRODUCTS OR THIRD PARTY MATERIALS; (B) YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH TBS OR ANY PRODUCTS OR THIRD PARTY MATERIALS IS TO STOP USING TBS; AND (C) THE MAXIMUM AGGREGATE LIABILITY OF TBS FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE THE GREATER OF: (1) THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO TBS TO USE TBS, AND (2) TEN U.S. DOLLARS ($10).  ALL LIMITATION OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF BOTH TBS AND THE AFFILIATED ENTITIES.
    
    
17. To the fullest extent permitted under applicable law, you agree to defend, indemnify and hold harmless TBS and the Affiliated Entities from and against all claims, losses, costs and expenses (including attorney’s fees) arising out of (a) your use of, or activities in connection with TBS; and (b) and any violation or alleged violation of the Terms of Use.
    
    
18. This Agreement is effective until terminated.  TBS may terminate or suspend your use of TBS at any time and without prior notice, including if TBS believes you have violated or acted inconsistently with the letter or spirit of the Terms of Use. Upon any such termination or suspension, your right to use TBS will immediately cease, and TBS may, without liability to your or any third party, immediately deactivate or delete your username, password and account(s), and all associated materials, without any obligation to provide any further access to such materials.  You shall remain liable to TBS for all amounts due up to and including the date of termination.  Your obligations and liabilities incurred prior to the termination date shall survive the termination of this Agreement for all purposes.
    
    
19. These Terms of Use are governed by the laws of the State of Georgia, U.S.A., without regard to its principles of conflicts of law, and regardless of your location.  You hereby consent to the exclusive jurisdiction and venue of courts in Georgia, U.S.A., for all disputes arising out of or relating to TBS.  EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THE TERMS OF USE OR ANY ASPECT OF THE REALATONSHIP BETWEEN YOU AND TBS, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISPREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT TBS AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY.  YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU AGREE TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.  ARBITRATON WILL TAKE PLACE IN ATLANTA, GEORGIA U.S.A.
    
    
20. The arbitration will be determined and settled between the parties in accordance with the Commercial Arbitration Rules of the American Arbitration Association under its Consumer Arbitration Rules. The Consumer Arbitration Rules are available online at https://wwww.adr.org/aaa/ShowProperty?nodeld=/UCM/ADRSTAGE2021425&revusuib=latestreleased.
    
    
21. These Terms of Use do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and TBS.  If any provision of the Terms of Use is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from the Terms of Use and will not affect the validity and enforceability of any remaining provision.  You may not assign, transfer or sublicense any or all of your rights or obligations under the Terms of Use without our express prior written consent.  We may assign, transfer or sublicense any or all of our rights or obligations under the Terms of Use without restriction.  No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.  TBS will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.
    
    
22. In the event that any provision of the Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.
    
    
23. The failure of TBS to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

These Terms of Use and any policies or operating rules posted by TBS on its site or in respect your use of TBS constitutes the entire agreement and understanding between you and TBS and governs your use of TBS, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and TBS (including, but not limited to, any prior versions of the Terms of Use).

Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.