Terms & Conditions
LAST UPDATED June 21, 2016
Hello! Welcome to Rallysleep.com's Terms and Conditions. Please read this carefully before using our site, services, or products. This is a contract between you and Rally. These Terms and Conditions apply to the website and all other online properties, including any services made through them (we’ll call them, collectively, the “Site”) operated by Diamond Mattress, Rally (to which we’ll refer to as “Rally”, “Rallysleep.com”, “us”, “we”, or “our” as is appropriate in the context of the use of the words). We know these types of documents can be pretty cumbersome, so apologies in advance. We’ve tried to be fair and straightforward, we'll try not to bore you to sleep, at least if you start to get tired, we know of a great mattress to suggest. (wink, wink).
What we do
Rally by Diamond Mattress is a company that designs, manufactures, and sells mattresses ("Mattresses") and other sleep-related products (collectively, the "Products"). We are dedicated to supporting your pursuit of an active, full life every day, by giving you a comfortable and restorative night's sleep each night.
When you visit the Site, or send us e-mails, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
Our Intended Audience
This Site is intended for use by adults only, and is not intended for persons under the age of 18. You certify that you (a) are at least thirteen (13) years of age, and (b) that, if you are acting on the behalf of any person or entity, you are authorized to act on behalf of such party. If you are under 13 years of age, please do not use or access the site at any time or in any manner.
We Value Our
Rally by Diamond Mattress is a labor of love and we value the fruits of that labor. All of the content that appears on the Site, including without limitation all designs, illustrations, icons, photographs, video clips and written materials, as well as the compilation of the website, Site, and other materials, are the exclusive property of Rally or our licensors and is protected by United States and international copyright laws. All trademarks, service marks, and trade names that appear on the Site and the overall "look and feel" of the Site and Site (collectively the "Marks") are proprietary to Rally, or the respective owners of such Marks. You may not display, reproduce, or otherwise use the content or materials on the Site, including the Marks, without first receiving written consent from us specific for each such use. You may not remove or otherwise modify any legal or trademark notices from any content we make available through the Site. Scraping the Site or using other automated or manual means to take our content without our prior consent is expressly prohibited. Any unauthorized use of any content or materials on the Site is strictly prohibited and violates copyright, trademark, and/or other intellectual property laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes. All goodwill generated from the use of our Marks must be for the benefit of Rally.
If you would like to request authorization to use the materials or content on the Site, please contact us at legal@RallySleep.com.
We Respect the
IP Rights of Others Too
If you believe that your copyright has been infringed, please let us know. We will review all claims that we receive of copyright infringement. If we deem that any content is in violation of applicable laws, we will remove it.
Our designated agent under the Digital Millennium Copyright Act for the receipt of any claimed infringement notifications is:
Rally by Diamond Mattress. Attention: Copyright Agent 3105 East Harcourt St., Rancho Dominguez, CA 90221
To help us identify any work that you believe constitutes a copyright infringement, please provide us with the following:
- A description of the copyrighted work and the URL on which it appears
- Your contact details, including email address
- A statement that you have a good faith belief that our use of the work is not authorized
- A statement, made under the penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf
- An electronic or physical signature of the copyright owner or a person authorized to act on their behalf
Accounts & Related Data
We don't believe in putting unnecessary roadblocks in your way throughout our Site. You can maneuver most of the Site without creating a user account ("Account"). Other features, however, may require you to create an Account. If you create an Account, you are solely responsible for any activity that occurs through your Account. In order for us to provide you the best possible service, you agree to provide us with complete, accurate, and updated information for your Account at all times. If any information is incorrect or outdated, it can lead to errors or delays, for which we will not be responsible.
You should not share your Account information. You may never use another person's Account or registration information for the Site without permission. Similarly, no one else should be able to use your Account without permission. You are solely responsible for keeping your Account and Account password secure and for any consequence resulting from your failure to do so.
You can always delete your Account by emailing us at support@RallySleep.com.
Payments & Shipping
Prices. The prices displayed for Products available for purchase via the Site represent the applicable retail prices, and do not include taxes, shipping or handling charges (to the extent applicable). Any applicable taxes, shipping or handling charges will be communicated to you before you place an order (Hint: there is no charge for standard shipping. Yay!). The prices displayed on the Site are quoted in U.S. dollars. Products in your shopping cart reflect the current price displayed on the Product's details page. Please note that this price may differ from the price displayed when the Product was first placed in your shopping cart.
Payment. By submitting an order through the Site, you agree to pay in advance the price of the Product(s) ordered, plus any applicable taxes, shipping and handling and/or other charges. Payment may be made by credit card or any other method of payment we may make available to you (each, a "Method of Payment"). In order to make a payment, you must provide us with valid credit card and/or other billing information and authorize us (or any third party payment service provider engaged by us) to charge your Method of Payment for all orders placed and accepted via the Site.
Refunds & Returns
First, if you have a need to consider refunds and returns, you likely ordered a product from us. Which means we owe you a "thank you!" Nothing makes us happier than a legion of happy Rally customers, and as such we promise to do our very best to deliver an amazing product and customer experience, and rest assured, to make right any hiccups along the way. That said, here are some things you might want to know...
- You may cancel an order at any time prior to shipment.
- Your mattress is covered by a limited, 10-year warranty (the "Mattress Warranty"). If there is an issue with your Mattress, then please review the Mattress Warranty and email us at support@RallySleep.com. The warranty is incorporated by reference into these Terms. To the extent that there is a conflict between the terms of the Mattress Warranty and these Terms, the terms of the Mattress Warranty will govern with respect to Mattresses purchased from Rally.
- If you want to return your Mattress within the first 100 days after your receipt, please e-mail Rally at support@RallySleep.com to arrange a return pick-up.
- Risk of loss and title for Products purchased from Rally pass to you upon delivery of such Products to the carrier. You are responsible for filing any claims with carriers for damaged or lost shipments. That said, we'll do our best to assist you where we are able.
Offer Codes. From time to time, Rally 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 Rallysleep.com, while supplies last, and subject to certain merchandise exclusions or any other restrictions as may be determined and communicated by Rally in its sole discretion. Only valid offer codes provided or promoted by Rally will be honored at checkout. Codes supplied or promoted by third parties unauthorized by Rally (including any unauthorized third party websites) will not be considered valid. Each offer code promoted by Rally is non-transferable and valid for single use on an item (or items) of merchandise as determined by Rally. Offer codes may not be combined and 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. Rally 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, Rally may also engage spokespeople, influencers, bloggers, or other individuals or entities who have been compensated or incentivized to speak on behalf of the brand. 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 Rally for their statements.
Referral Program. Rally offers brand advocates the opportunity to refer friends to participate in the Rally Referral Program. For the terms and conditions of the Rally Referral Program, please see Referral Terms.
User Content & Use of Information
We want to hear from you! As such, we may, from time to time, allow you to post reviews, comments, photos or other content and communications on the Site. We welcome your participation. However, with that communication comes responsibility.
When you submit, distribute, transmit, or post any communications or any other material to Rally (either through the Site; through our pages on third party sites, such as Instagram, Twitter and Facebook. This is collectively "User Content"), you represent and warrant that you hold all necessary right, title, and license to such materials (in other words, you own it or have the right to give it to us); that your submission of such materials to Rally does not and will not violate or infringe the rights of any third-parties, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights (you didn't take it from someone else without permission); and all User Content you provide is accurate, complete, up-to-date, and not misleading (you're not lying). Furthermore, you give us a right and license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your User Content in any and all media formats or distribution channels. You agree that this license includes the right for Rally to use your User Content to provide, promote, and improve the Site. You agree that this license is irrevocable, non-exclusive, perpetual, worldwide, transferable, sub licensable, fully paid, royalty-free, and will survive termination of your Account. Please note that we may use User Content without compensation of any kind to you, including if we use User Content for advertising or promotional purposes. Be assured you have our thanks. Lots of it.
You also agree that if your User Content contains any ideas, concepts, know-how, or techniques, we can use the User Content and anything it contains for any purpose including, but not limited to, developing, manufacturing, and marketing products.
In addition to giving Rally a license, you also give each user of the Site an irrevocable, non-exclusive, perpetual, worldwide, transferable, sub licensable, fully paid, and royalty-free right and license to access your User Content through the Site and to use, edit, modify, publish, reproduce, distribute, prepare derivative works of, display, perform, adapt, and promote such submissions, including after any termination of your Account.
The bottom line is that if you share something with us, you keep ownership of it and can continue to do anything you want with it, but you allow us and our other users to use your User Content as we see fit. If you don't agree to these conditions, then please don't provide the materials to us.
Rally reserves the right to block or remove communications, postings or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark, patent, trade secret, intellectual property or other rights of another or (d) offensive or otherwise unacceptable to Rally in its sole discretion.
Rules of Conduct
- You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers') infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Site (or other accounts, computer systems or networks connected to the Site); (iv) run any form of auto-responder or "spam" on the Site; (v) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site; (vi) harvest or scrape any Content from the Site; (vii) distribute information you know is false, misleading, untruthful, unlawful, or inaccurate, (viii) upload any software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party; or (ix) otherwise take any action in violation of our guidelines and policies.
- You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Site (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Site, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
- We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.
- All orders of our products must be for personal use only. By purchasing our products, you hereby agree not to resell or distribute such products for any commercial purposes. If we have reason to believe that your order is not for personal use, we reserve the right to reject or cancel any order that you place.
- You understand and agree that we have no control over, and no duty to take any action regarding:
- which users access the Site;
- what content you access via the Site;
- what effects the content may have on you;
- how you may interpret or use the content; or
- what actions you may take as a result of your exposure to the content.
- You release us from all liability related to you acquiring or not acquiring content through the Site. The Site may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through the Site, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Site. Your interactions with organizations and/or individuals found on or through the Site, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations and/or individuals.
- (Sorry about this, but the below gets a little dense. All-caps doesn't mean we're yelling; it's just what's legally required.)
- THE SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, RALLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SITE OR ANY CONTENT ON THE SITE, WHETHER PROVIDED OR OWNED BY RALLY OR BY ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. IN ADDITION, RALLY DOES NOT REPRESENT OR WARRANT THAT THE CONTENT ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE, AVAILABLE, CURRENT, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE RESULTS OF USING THE SITE WILL MEET YOUR REQUIREMENTS.
Limitations of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL RALLY OR ANYONE REPRESENTING RALLY BE LIABLE TO YOU UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR (A) ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SITE, OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER RESULTING FROM: (I) YOUR ACCESS TO, USE OF, OR RELIANCE ON ANY CONTENT PROVIDED THROUGH THE SITE OR ANY ERRORS OR OMISSIONS IN ANY CONTENT; (II) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SITE OR RALLY'S'S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY (REGARDLESS OF THE SOURCE OF ORIGINATION) OR (B) ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE GREATER OF (I) FEES PAID TO US FOR THE APPLICABLE PRODUCTS; OR (II) $500.00.
THESE LIMITATIONS APPLY REGARDLESS OF LEGAL THEORY, WHETHER BASED ON TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT RALLY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree that Rally, at its sole discretion, may terminate or suspend your access to and use of the Site (or any part thereof) at any time and for no or any reason whatsoever, including, without limitation, for lack of use by you or if Rally believes that you have violated or acted inconsistently with the terms and conditions of this Agreement. Rally reserves the right at any time to modify or discontinue, temporarily or permanently your access to and use of the Site (or any part thereof) without notice. You agree that Rally and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders shall not be liable to you or to any third party for any modification, suspension or discontinuance of your use of or access to the Site. Your obligations under this Agreement shall continue even after Rally has terminated and/or cancelled this Agreement or your access to the Site. Any provision that by its nature survives shall survive termination, expiration or cancellation of this Agreement including, but not limited to, the license granted by you to Rally for use of your User Content.
We don't like disputes (and neither do you, I'm sure). Let's do our best to avoid them. Most customer concerns can be resolved quickly and to a customer's satisfaction by contacting us at support@RallySleep.com. In the unlikely event that our customer service department is unable to resolve a complaint you may have to your satisfaction, the terms of this Section govern dispute resolution between us.
These Terms and the relationship between you and Rally will be governed by the laws of the State of California without regard to its conflict of law provisions. You and Rally agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the Site under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, will be conducted in Los Angeles County in the State of California. You covenant not to sue Rally in any other forum.
You also acknowledge and understand that, with respect to any dispute with Rally or anyone representing Rally arising out of or relating to your use of the Site, purchase of Products, or these Terms:
- YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY
- YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND
- YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.
We take our commitment to customers seriously, and we'll do what we can for you. However, sometimes things may come up that are outside of our control. We will not be liable for any failure to perform any of our obligations stated in these Terms if the failure results from a cause beyond our reasonable control, including–without limitation–mechanical, electronic or communications failure or degradation.
These Terms are personal to you, and are not assignable, transferable or sub licensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.
Our failure to enforce any part of these Terms of Service shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Service to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
If any provision of this agreement is found to be invalid by a competent court, the invalidity of such provisions shall not affect the validity of the remaining provisions. Likewise, if we choose to terminate any provision in accordance with the termination provision, that termination shall not affect the termination of other provisions.
This agreement constitutes the entire agreement between you and us with respect to the Site and supersedes all previous or contemporaneous agreements. The section headings are merely provided for convenience and shall not be given any legal import.
One Last Thing
Special Notice to
If you live in California, this section applies to you. Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Rallysleep.com must be addressed to our agent for notice and sent via certified mail to:Agent for Notice, Rally by Diamond Mattress, 3105 East Harcourt St., Rancho Dominguez, CA, 90221, United States.
Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Site of the California Department of Consumer Affairs may be contacted in writing at:
Phew... now that wasn't so bad, hopefully you're still awake.