Terms of Service
Last Updated: March 27, 2025
OVERVIEW
This website is operated by Ugly Sleep Club. Throughout the site, the terms “we,” “us,” and “our” refer to Ugly Sleep Club. Ugly Sleep Club offers this website, including all information, tools, and services available to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following Terms of Service ("Terms"), including any additional terms and conditions and policies referenced herein or available via hyperlink. These Terms apply to all users of the site, including browsers, vendors, customers, merchants, and content contributors.
Please read these Terms carefully before accessing or using our website. By using any part of the site, you agree to these Terms. If you do not agree, you may not access the website or use any services. If these Terms are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools added to the store shall also be subject to these Terms. You can review the most current version at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates to our website. It is your responsibility to check this page periodically for changes. Your continued use of the website after changes are posted constitutes acceptance of those changes.
Our store is hosted on Shopify Inc., which provides the e-commerce platform allowing us to sell our products and services to you.
1. ONLINE STORE TERMS
By agreeing to these Terms, you confirm that you are at least the age of majority in your jurisdiction or have given us consent to allow any minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose, nor may you violate any laws in your jurisdiction (including but not limited to copyright laws).
All orders placed through our website are subject to acceptance by Ugly Sleep Club. We reserve the right to cancel or refuse any order for reasons including but not limited to:
- Suspected fraudulent activity
- Incorrect pricing or product descriptions
- Unavailability of products
A breach or violation of any of the Terms will result in an immediate termination of your access to our Services.
2. GENERAL CONDITIONS
We reserve the right to refuse service to anyone, for any reason, at any time.
You understand that your content (not including payment information) may be transferred unencrypted across networks. Credit card information is always encrypted during transfer.
You agree not to copy, resell, exploit, or duplicate any portion of the Service without written permission from us.
The headings used in this agreement are for convenience only and will not affect these Terms.
3. ACCURACY, COMPLETENESS & TIMELINESS OF INFORMATION
We are not responsible if information on this site is inaccurate, incomplete, or outdated. Any reliance on the material on this site is at your own risk.
We may modify this site's contents at any time, but we have no obligation to update information. It is your responsibility to monitor changes.
4. MODIFICATIONS TO SERVICE & PRICES
Prices for our products are subject to change without notice.
We reserve the right to modify, suspend, or discontinue any part of the Service without liability to you.
5. PRODUCTS & SERVICES
Some products or services may be available exclusively online and may have limited quantities.
We do not guarantee that colors, images, or descriptions of products are accurate due to display differences.
We reserve the right to limit sales of our products to individuals, geographic regions, or jurisdictions.
We do not guarantee that the quality of products, services, or information will meet your expectations.
6. BILLING & ACCOUNT INFORMATION
We reserve the right to refuse or cancel orders at our discretion.
You agree to provide accurate, complete, and up-to-date billing and shipping information.
Orders suspected of being placed by resellers or distributors may be limited or canceled.
7. THIRD-PARTY TOOLS & LINKS
We may provide access to third-party tools over which we do not monitor or have control. You acknowledge and agree that we provide access to such tools "as is" without any warranties or liability.
Certain third-party links may direct you to external websites. We are not responsible for third-party content, practices, or policies.
8. USER COMMENTS, FEEDBACK & SUBMISSIONS
If you submit creative ideas, suggestions, proposals, plans, or other materials to us, you agree that we may edit, publish, distribute, or use them in any medium at any time without compensation.
We reserve the right to remove content that we deem unlawful, offensive, threatening, defamatory, pornographic, or otherwise objectionable.
9. ERRORS, INACCURACIES & OMISSIONS
We reserve the right to correct errors, inaccuracies, or omissions in product descriptions, pricing, and availability.
10. PROHIBITED USES
In addition to other prohibitions outlined in these Terms, you are prohibited from using the site or content for:
- Any unlawful purpose
- Violating any laws or regulations
- Harassing, abusing, or discriminating against others
- Uploading viruses or any other malicious code
- Collecting or tracking others’ personal information
- Spamming, phishing, or scraping content
We reserve the right to terminate your use of the Service for violating these prohibitions.
11. DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY
We do not guarantee that your use of our Service will be uninterrupted, secure, or error-free.
You agree that your use of the Service is at your own risk. All products and services are provided "as is" and "as available" without warranties of any kind.
To the fullest extent permitted by law, Ugly Sleep Club is not liable for any damages, losses, claims, or indirect, incidental, punitive, or consequential damages.
12. INDEMNIFICATION
You agree to indemnify and hold harmless Ugly Sleep Club and its affiliates from any claims, damages, or expenses arising from your breach of these Terms.
13. TERMINATION
These Terms remain effective unless terminated by either party. We may terminate your access if we suspect a violation of these Terms.
14. ENTIRE AGREEMENT
These Terms constitute the entire agreement between you and Ugly Sleep Club and supersede all prior agreements.
15. GOVERNING LAW
These Terms shall be governed by and construed in accordance with the laws of [Your State or Country], without regard to conflict of law principles.
16. CHANGES TO TERMS OF SERVICE
We reserve the right to modify or update these Terms at any time. Your continued use of the website constitutes acceptance of any changes.
17. CONTACT INFORMATION
For questions regarding these Terms, you can contact us at:
Email: zzz@uglysleepclub.com
Website: www.uglysleepclub.com
18. MOBILE MESSAGING TERMS
By consenting to Ugly Sleep Club’s SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.
If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within our messages. You understand and agree that the primary method for opting out of our SMS program is to reply with specific keywords (such as ‘STOP,’ ‘END,’ ‘UNSUBSCRIBE,’ ‘CANCEL,’ or ‘QUIT’), or to use the unsubscribe link provided. We will also honor any other requests that clearly express your desire to opt out, including phrases like ‘please opt me out.’ We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.
For any questions, please text HELP to the number you received the messages from. You can also contact us at zzz@uglysleepclub.com for more information.
We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
Your right to privacy is important to us. You can see our Privacy Policy. to determine how we collect and use your personal information.
Arbitration and Class Action Waiver Agreement:
1. Arbitration:
By using or purchasing Ugly Sleep Club products or services, you agree that any controversy, claim, action, or dispute between you and Ugly Sleep Club arising out of or relating to: (a) these Terms, or the breach thereof; or (b) your access to or use of Ugly Sleep Club’s website or the services or the materials; or (c) any alleged violation of any federal or state or local law, statute or ordinance (each such controversy or claim, a “Claim”), shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association in accordance with its applicable rules.
Arbitration is a form of dispute resolution in which parties agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial. The arbitrator is obligated to issue a reasoned award in writing, including all findings of fact and law upon which the award was made. The arbitrator shall not have the power to commit errors of law, and the arbitrator’s award may be vacated or corrected through judicial review by a court of competent jurisdiction. Each party’s attorneys’ fees, expert costs, and other costs and expenses incurred in connection with arbitration will be borne by the party incurring such costs and expenses.
1. Arbitration Procedures:
Claims shall be heard by a single arbitrator. Arbitrations shall be held in Travis County, TX, USA, but the parties may choose whether to appear in person, by phone, or through the submission of documents. The arbitration shall be governed by the Federal Arbitration Act (“FAA”) and by the internal laws of the [State], without regard to conflicts of laws principles. Any disputes in this regard shall be resolved exclusively by an arbitrator. If, but only if, the arbitrator determines the FAA does not apply, New York law governing arbitration agreements will apply. All disputes with respect to whether the foregoing mutual arbitration provisions are unenforceable, unconscionable, applicable, valid, void or voidable shall be determined exclusively by an arbitrator, and not by any court.
2. Exclusion from Arbitration:
Notwithstanding the terms of this Arbitration Agreement, you may choose to pursue a Claim in court and not by arbitration if you opt-out of these arbitration procedures within 30 days from the date that you first purchase any of Ugly Sleep Club’s products or services (the “Opt-Out Deadline”). You may opt out by mailing a written notification to 2804 Skyway Circle #103 Austin, TX 78704. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes through arbitration. Your decision to opt-out will have no adverse effect on your relationship with Ugly Sleep Club. You are responsible for ensuring Ugly Sleep Club ’s receipt of your opt-out notice, and you therefore may wish to send a notice by means that provide a written receipt. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Claim in arbitration.
2. Class Action Waiver:
You and Ugly Sleep Club agree that you may bring or participate in Claims against Ugly Sleep Club only in your respective individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Unless both you and Ugly Sleep Club agree otherwise in writing, the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding any other clause contained in this Agreement, any Claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
