Terms of Sale

These terms of sale (the “Terms of Sale”) apply to any purchase of any our products (“Products”) offered for sale by or through the Ebb Therapeutics (“Provider,” “Ebb,” “we,” “us,” “our”) web sites (“Site” or “Sites”). Please read these Terms of Sale carefully. As further set forth in the Terms of Use, by using this Site, you agree to our Terms of Use, our Privacy Policy, these Terms of Sale as well as any other terms, guidelines or rules that apply to any portion of this Site, without limitation or qualification. We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms of Sale at any time. Please check these Terms of Sale periodically for changes. Your continued use of the Site after the posting of changes to these Terms of Sale will mean you agree to abide by those changes. Any amendment to these Terms of Sale by you must be agreed to by us in writing. If you have any questions about the Terms of Sale, please contact us at humancare@ebbsleep.com or (800) 381-1145.

1. Accounts, forms, registrations and passwords  

You represent and warrant that the information you provide to Ebb upon creating an account on the Site and at all other times will be true, accurate, current, and complete.

To facilitate future purchases on the Site, you may choose to create an account by providing an email address and password. If you do create an account, your account is personal to you, and you may not share your account information with, or allow access to your account by, any third-party. As you will be responsible for all activity that occurs under your access credentials, you agree to use reasonable efforts to prevent unauthorized access to or use of the Site and to preserve the confidentiality of your username and password, and any device that you use to access the Site.

You agree to notify us immediately of any breach in secrecy of your log-in information. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third-party, you agree to immediately notify Ebb by e-mail to humancare@ebbsleep.com. You will be solely responsible for the losses incurred by Ebb and others due to any unauthorized use of your account.

2. Fees and payments; shipping

Prices. The price for Products available for purchase through the Site will be displayed to you on the Site. The prices displayed do not include taxes. Any applicable taxes will be communicated to you before you place an order. Unless otherwise set forth on the Site, there is no charge for standard ground shipping.

Payments. The Site currently uses third parties to process payments. Our third-party payment processors accept payments through various credit cards, including Visa, MasterCard, American Express and Discover, as detailed on the applicable payment screen. You may also finance your purchase of Products through Affirm, as detailed on the payment screen.

3. Gift and offer codes; Referral Program

From time to time, Ebb may offer qualified consumers “gift codes” or “offer codes” through a variety of promotional activities and communications (collectively referred to herein as “offer codes”) that are redeemable towards a purchase on www.ebbsleep.com, while supplies last, and subject to certain merchandise exclusions or any other restrictions as may be determined and communicated by Ebb in its sole discretion. Only valid offer codes provided or promoted by Ebb will be honored at checkout. Codes supplied or promoted by third parties unauthorized by Ebb (including any unauthorized third-party websites) will not be considered valid. Each offer code promoted by Ebb is non-transferable and valid for single use on an item (or items) of merchandise as determined by Ebb. Offer codes may not be combined and may not be used in conjunction with the Ebb Referral Program–customers are limited to the use of a single offer code per order. Offer codes cannot be used towards purchase of non-branded merchandise, packaging or applicable taxes. For online purchases, the code must be entered in the ‘offer code’ field at checkout. Offer codes are not valid for use by customers that elect to finance their purchase through Affirm. Ebb is not responsible for lost, stolen or corrupted codes or any unauthorized use of codes. Offer codes cannot be redeemed for cash or any cash equivalent; no substitutions or credits allowed. The dollar value of any offer code will not be refunded or credited back if any or all of the merchandise is returned. Expiry dates may apply to each offer code. Offer codes are void if copied, transferred, sold, exchanged or expired, and where prohibited. Requests not complying with all offer code requirements will not be honored.

Spokespeople. From time to time, Ebb may also engage spokespeople, influencers, bloggers, or other individuals or entities who have been compensated to speak or otherwise communicate on behalf of the brand or provide services to Ebb. When you receive an offer code via a third-party source, such as a television or radio show host, please note that such individuals may have been compensated by Ebb for their statements.

Referral Program. Ebb may offer brand advocates the opportunity to refer friends to participate in the Ebb Referral Program, subject to the applicable terms and conditions of the Ebb Referral Program, as set forth in the Site (or otherwise made available by Ebb) if and as available. Offer codes may not be used in conjunction with the Ebb Referral Program.

4. Warranty

We stand behind our Products. Each Product that is manufactured by Ebb and purchased directly from Ebb is covered by a limited warranty, the terms of which can be found at [warranty link to product manual] (together, the “Product Warranties”). The Product Warranties are incorporated by reference into these Terms. To the extent there is a conflict between the terms of any Product Warranty and these Terms, the terms of the applicable Product Warranty shall govern. EXCEPT AS SPECIFIED IN THE APPLICABLE PRODUCT WARRANTY, ALL EXPRESS OR IMPLIED WARRANTIES, CONDITIONS AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, QUALITY, NON-INTERFERENCE, ACCURACY OR ARISING FROM A COURSE OF DEALING, PERFORMANCE, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW AND ARE EXPRESSLY DISCLAIMED BY EBB. TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY IS LIMITED IN DURATION TO THE APPLICABLE LIMITED WARRANTY PERIOD. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE ABOVE LIMITATION MAY NOT APPLY. THE PRODUCT WARRANTIES GIVE CUSTOMERS SPECIFIC LEGAL RIGHTS, AND CUSTOMERS MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.

SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL EBB’S LIABILITY EXCEED THE PURCHASE PRICE OF THE APPLICABLE PRODUCT.

This disclaimer and exclusion shall apply even if the applicable Product Warranty fails of its essential purpose.

If you are dissatisfied or believe there is a defect in any of your Products, please review the relevant warranty and, if you believe that you are entitled to take advantage of those terms, please contact us at humancare@ebbsleep.com.

5. Refunds and returns; cancellation

Cancellations. You may cancel an order any time prior to shipment.

Returns. Unless otherwise set forth on the Site, you may return any Product within the first 30 days after your receipt of that particular Product, provided that the Product is located in the United States (not including US territories), and subject to the conditions described below. Refunds will be issued in the form of the original payment If you purchased the Product using an offer code or gift code, the dollar value of any offer code will not be refunded or credited back if any or all of the merchandise is returned.

Return Procedure. Return shipping is free, provided that the Product being returned is located in the United States (not including territories) and the return is made within the 30 days after your receipt of that particular Product. Refunds will be issued in the form of the original payment. Please follow the instructions below to return your Product.

If you want to return your Product within the first 30 days after your receipt, please call (800) 381-1145 or email humancare@ebbsleep.com.  We will provide you with a prepaid shipping label and instructions to assist your return. Please retain your original box and packaging, affix the shipping label to the outside of the box, and drop off the box at your nearest FedEx location. All returns must be delivered to FedEx prior to the expiration of the 30-day trial period in order to avoid charges.

Return Conditions. The following conditions also apply to Product returns:

  • Products must be in salable condition to be eligible for return (e.g., no physical damage).
  • You may return a maximum of one (1) Ebb Product per initial order, validated by a customer name or shipping address.
  • If you return your Ebb within the 30-day trial period, you (or your shipping address) will not be eligible for additional 30-night trials on subsequent orders.

Title. Risk of loss and title for Products purchased from Ebb pass to you upon delivery of such Products (by Ebb or our manufacturer/distribution partner) to the carrier. You are responsible for filing any claims with carriers for damaged or lost shipments.

6. Additional Limitations of Liability

In addition to and not in limitation of the Limitation of Liability set forth in the Terms of Use:

Ebb does not accept liability for any errors and omissions and reserves the right to change information, prices, specifications and descriptions of listed Products and services. If an error is discovered in the price of the Products that you have ordered, we will inform you as soon as possible. In the event that you order an item and the price published on the Site is incorrect for any reason, we will contact you to let you know the correct price and ask you whether you still wish us to fulfill your order at this price. We shall be under no obligation to fulfill an order for a Product which was advertised at an incorrect price. We shall give you the option of confirming the order at the correct price or if you so choose, to cancel the order altogether. If you cancel and have already paid for the goods in the circumstances described in this clause, we shall refund the full amount in accordance with these terms.

WITH RESPECT TO THE PRODUCTS, EBB SHALL NOT BE LIABLE FOR ANY OF THE FOLLOWING LOSSES OR DAMAGE (WHETHER SUCH DAMAGE OR LOSSES WERE FORESEEN, FORESEEABLE, KNOWN OR OTHERWISE): (A) LOSS OF DATA; (B) LOSS OF REVENUE OR ANTICIPATED PROFITS; (C) LOSS OF BUSINESS; (D) LOSS OF OPPORTUNITY; (E) LOSS OF GOODWILL OR INJURY TO REPUTATION; (F) LOSSES SUFFERED BY THIRD PARTIES; OR (G) ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING FROM THE USE OF EBB PRODUCTS OR SERVICES REGARDLESS OF THE FORM OF ACTION.

IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS, EBB IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH THE PRODUCTS, SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL EBB’S LIABILITY EXCEED THE PURCHASE PRICE OF THE APPLICABLE PRODUCTS.

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