Terms and Conditions
Last Updated August 23, 2022
Purple reserves the right to modify the Agreement from time to time without prior notice to you. You can know if these Terms and the other components of the Agreement have been changed by referring to the date at the top of each posted document. It is your exclusive obligation to review the Agreement carefully. Please do so. If you do not agree to be bound by all provisions, do not purchase any products from the Website and please exit the Website promptly. In submitting any order for any Product, you expressly certify that you read, understood, and agree to be bound by all of the provision of the Agreement.
For purposes of the Dispute Resolution Policy, a “Dispute” is defined as any controversy, claim, dispute, or difference between you and Purple arising out of or relating to this Agreement, any Purple products, your transacting business with Purple in any way, or your use of the Website in any way.
Any Dispute shall be resolved solely and exclusively by arbitration to be held in Salt Lake County or Utah County, Utah with a single disinterested arbitrator and pursuant to Utah law. This means that neither you nor Purple can sue in court before a judge or jury, individually or as a class member. Instead, an independent arbitrator will decide the dispute with limited discovery rights, and limited rights to appeal. Except as may be required to enforce an arbitration decision, you and Purple expressly waive any right to file any legal action in any other state or federal court or before any other tribunal, and any right to a trial by jury. Each party to such arbitration shall be responsible for its own attorneys’ fees and costs regardless of the outcome of the arbitration.
YOU ACKNOWLEDGE AND AGREE THAT THIS AGREEMENT CONSTITUTES A LAWFUL AND VALID “CLICK-WRAP” AGREEMENT which means that, prior to allowing you to submit an order, the Website presents you with a message on your computer screen requiring that you affirmatively manifest your assent to the terms of this Agreement by clicking on an icon. Specifically, the Website clearly and conspicuously provides a link to this Agreement and, thereafter, requires you to click a box wherein you indicated that you have read, understood and agree to be bound by this Agreement. The Website does not allow you to proceed through the order process or submit an order unless you affirmatively manifest your assent to the terms of this Agreement by clicking in the box. By clicking the box and submitting your order, you complete the foregoing “Click-Wrap” steps.
The Website is available to you solely for the purpose of enabling you to browse, gather information on, and purchase products described on the Website. Purple reserves the right to change the description of products or to discontinue offering any products at any time and without notice, and to exercise this right however Purple determines to be necessary or appropriate. If you have a question about this Website or products available for purchase, please contact Purple. By using this Website to purchase products, you agree you will use the products only for personal use and not for any commercial, illegal or improper purpose.
Purple reserves the right to limit the sales or quantities of sales of products to any person, geographic region or jurisdiction, and to exercise this right on a case-by-case basis as determined to be necessary or appropriate.
All of the content and material used in constructing this Website and that you see and hear on this Website are subject to United States and international copyright, trade dress, trademark and/or other intellectual property laws with all rights thereto held by Purple. Use of any content or material on this Website without prior written authorized by Purple is strictly prohibited and may subject you to liability.
For purposes of these Agreement, “content and material” is defined as any information, communications, software, published works, photos, video, graphics, music, sounds, or other material that can be viewed or heard by users on the Website. Purple grants you limited permission to use this Website only as stated in these Terms.
Digital Millennium Copyright Act. Purple has not taken and will not take content from you or any third party unless it has been assigned to Purple pursuant to law. However, if you are a copyright holder and have a good faith belief that any content or materials posted on this Website infringes your copyright, please send Purple your notification of claimed infringement requesting the material to be removed or blocked. Your notice must contain the following: (a) Reasonably sufficient details about the nature of the copyrighted work in question, or, in the case of multiple alleged infringements, a representative list of such works, including title(s), author(s), any U.S. Copyright Registration number(s), URL(s) etc.; (b) Reasonably sufficient details to enable us to identify and locate the material that is allegedly infringing the copyright holder’s work(s) (for example, file name or URL of the page(s) that contain(s) the material); (c) Your contact information so that Purple can make contact with you (including for example, your address, telephone number, and email address); (d) A statement that you have a good faith belief that the use of the material identified above in “b” is not authorized by the copyright owner, its agent, or the law; (e) A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner; and (f) Your signature. Prior to sending us notice, you may wish to consult a lawyer to determine your rights and legal obligations under applicable laws. Nothing here or anywhere on the Website is intended as a substitute for qualified legal advice. You also acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, Purple may temporarily or permanently remove the identified materials from the Website.
The Website is available solely for your personal use of browsing and purchasing products and communicating with us. You may NOT use the Website or its content: (a) for any commercial purpose; (b) for any unlawful purpose; (c) to solicit others to perform or participate in any unlawful acts; (d) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (e) to infringe upon or violate Purple’s intellectual property rights or the intellectual property rights of others; (f) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, disability, or gender; (g) to submit false or misleading information; (h) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of this Website or of any related website, other websites, or the Internet; (i) to collect or track the personal identification information of others; (j) to spam, phish, pharm, pretext, spider, crawl, or scrape; (k) for any obscene or immoral purpose; or (l) to interfere with or circumvent the security features of this Website or any related website, other websites, or the Internet.
You may NOT resell or make commercial use of the Website, any of its content or any of the products. You may NOT modify, adapt, translate or convert into another form any portion of this Website. You may NOT copy, reproduce, download, display, perform, transfer, transmit or publish any of the content of this Website by any means or in any form, other than for your own personal use. You may NOT access this Website from any jurisdiction where doing so would be illegal. You agree to use this Website only for its intended purpose and in a manner that is authorized. Without intending any limitation of the above prohibitions, you agree to comply with all laws pertaining to privacy, data collection and protection, intellectual property, contract and other applicable laws, including but not limited to those laws in the jurisdiction in which you reside or from which you use this Website, and you agree not to transmit any worms, viruses or any code of a destructive nature. Purple reserves the right to terminate your authorization to use this Website should you violate any of the prohibited uses.
You agree to timely pay the purchase price and related shipping and handling costs (if any) when such sums are due and owing as consideration for Purple’s sale and delivery of products to you. The Website provides various pay options for you convenience, including as example, credit card, debit card, and various financing options. As part of your submitting any order through the Website, you will be required to type your name. This constitutes your electronic signature, and it is your verification that your name, address, and billing information is correct and that you have read, understood, and agree to be bound by this Agreement.
YOU AGREE THAT THE PURPLE MAY RELY UPON YOUR TYPE-WRITTEN ELECTRONIC SIGNATURE AS CONFIRMING YOUR AGREEMENT TO PURCHASE THE PRODUCTS ORDERED AND TO BE BOUND BY THIS AGREEMENT.
You also acknowledge and agree that the Purple’s reliance upon your electronic signature is specifically sanctioned by the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Transactions Act. Both laws specifically preempt all state laws that recognize only paper and handwritten signatures.
All products that you purchase from Purple are subject to the terms of this Agreement and the risks of loss and title for such products pass to you upon Purple’s delivery of the products to the carrier for your benefit. This means that title to the products legally transfers to you, and that you bear the risk of loss of the products during shipment. Nothing herein requires you to pay shipping costs that are not clearly communicated to you at the time of purchase.
The prices for the products are displayed on the Website, and Purple will take reasonable efforts to make sure those prices are accurate. However, the prices displayed to you are subject to change at any time. Also, the displayed prices do not include taxes. Any change in prices and any sales tax will be communicated to you before you complete your order. All transactions will be in U.S. dollars. The products you order will be shipped to the address you provide. There will be no undisclosed additional charge for shipping or handling.
You agree to provide current, complete and accurate information for all purchases made using this Website. If incorrect, you agree to promptly update your information, including without limitation your email address, billing address, telephone number, and credit card number and expiration date, so that Purple can complete your transactions and contact you as needed.
Purple reserves the right to refuse any order you place. Purple may cancel orders that appear to be placed by dealers, resellers or distributors for resale rather than for personal use, or for use in any of the prohibited ways listed herein. Purple may limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer, billing or shipping addresses, or credit card. In the event that Purple makes a change to or cancels an order, Purple may attempt to notify you using the e-mail address and/or billing address/phone number provided at the time the order was made.
Last Updated January 01, 2020
We do not collect any information about you unless you voluntarily provide it to us by visiting our Site, completing a transaction on our Site for the purchase of our Products, or communicating with us. When you browse our websites, we automatically receive aggregate information about your computer’s internet protocol (IP) address and the type of computer and web browser you use. When you purchase Products from our websites as part of the buying and selling process, we collect the personal identification information you give us such as your name, address, email address, telephone number, and credit card payment information. We may also collect other personal information from you as a result of your communications with us.
When you use our Site and engage in a transaction, we use your personal information to complete payment, deliver purchased Products, communicate with you regarding the transaction, enhance the operation of our Site, improve our internal marketing and promotional efforts, statistically analyze Site use, improve our product offerings, and customize our Site’s content, layout, and services. When you provide your personal contact information, such as your email address, we may use this information to deliver newsletters, promotional offers and other useful information to you. Finally, we may use the information you provide to use to provide non-promotional notices, resolve disputes, troubleshoot problems and enforce our agreements with you, including our Site Terms and Conditions of Use, and this Policy.
BY USING THE SITE, YOU GIVE YOUR CONSENT THAT ALL PERSONAL DATA THAT MAY BE PROCESSED BY US IN THE MANNER AND FOR THE PURPOSES DESCRIBED HEREIN. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THE SITE. When you provide your personal contact information, such as your email address, you are given your affirmative consent to receive promotional communications from us. If you change your mind after you provide your affirmative consent, you may withdraw your consent on the Site or by contacting us (see contact information below) with an unsubscribe notice. If we send you any commercial communication via email, we will also provide an unsubscribe mechanism therein. Please allow up to 10 days for us to process any unsubscribe request.
We have made contractual arrangements with affiliates, service providers, partners and other third parties (“Service Providers”) to process your Personal information on our behalf. Our Service Providers may need to use some of your information in order to perform tasks between our respective sites and to deliver products or services to you or to us. For example, we must release your credit card information to the card-issuing bank to confirm payment for Products purchased on the Site, release your address information to the delivery service to deliver products that you ordered, and provide order information to third parties that help us provide customer service. Other Service Partners include third parties who operate and maintain our Site and provide marketing services. In general, the Service Providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to you or us.
Many of our third-party Service Providers, such as payment gateways and other payment transaction processors, have their own privacy policies governing the information we are required to provide to them for your purchase-related transactions. For these providers, we recommend that you read their privacy policies, so you can understand the manner in which your personal information will be handled by these providers. In particular, remember that certain providers may be located in or have facilities that are located in a different jurisdiction other than either you or us. So, if you elect to proceed with a transaction, then your information may become subject to the laws of the jurisdiction(s) in which that Service Provider or its facilities are located. As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act. We encourage our Service Providers to adopt and promote strong privacy policies. However, the use of your information by our Service Providers is governed by the respective privacy policies of those providers and is not subject to our control. Except as otherwise discussed in this Policy, this document only addresses the use and disclosure of information we collect from you. We are not responsible for the policies or practices of third parties.
Our Products may include links to the websites of our business partners, vendors, advertisers or other third parties. These other websites are outside of our control. Please be aware that these websites may collect information about you and operate according to their own privacy practices which may differ from those contained in our Policy. We encourage our users to read the privacy policies of each and every website and application that they interact with. We do not endorse, screen, or approve, and are not responsible for the privacy practices or content of such other websites or applications. Visiting these other websites or applications is at your own risk.
Our Products may also contain links and interactive features with various social media platforms. If you already use these platforms, their cookies may be set on your device when using our Products. You should be aware that Personal Information which you voluntarily include and transmit online in a publicly accessible blog, chat room, social media platform or otherwise online, or that you share in an open forum may be viewed and used by others without any restrictions. We are unable to control such uses of your information when interacting with a social media platform, and by using such services you assume the risk that the Personal Information provided by you may be viewed and used by third parties for any number of purposes.
When you visit and interact with our Site, certain third parties, such as Google, may receive access to your personal information for the purpose of providing you online advertising personalized to your interests, based on the websites you visit before and after you visit our Sites. We do not otherwise sell, share, rent or trade the information your Personal Information. If you are a California or Nevada consumer, you may opt out of being tracked by Google and similar third parties by clicking here.
We will store cookies on your computer in order to collect certain data about our users and to customize certain aspects of your specific user experience. A cookie is a small data text file which is stored on your computer that uniquely identifies your browser. Cookies may also include additional personalized information, such as your IP address, browser type, the server your computer is logged onto, the area code and zip code associated with your server, and your first name to welcome you back to our Site. We use the following different types of cookies:
- Essential: These cookies are required to use our website. For example, essential cookies allow you to add items to your cart and checkout.
- Performance: These cookies track how you interact with our website. For example, performance cookies help us monitor aggregate site usage metrics to let us know which pages on our website load slowly or are not optimized for mobile use. We use this information to make improvements to our user experience.
- Functionality: These cookies track information about you to make our website easier to use and navigate after your initial visit.
- Marketing and Advertising: These cookies help us personal the transaction-related services we make available to you.
Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some aspects of the Site may not function properly if you elect to disable cookies.
Some browsers have a “do not track” feature that lets you tell websites that you do not want to have your online activities tracked. We currently do not respond to browser “do not track” signals.
Last Updated January 01, 2020
Purple’s goal is to permit customers and potential customers to successfully gather information and conduct business through our website, including individuals with visual impairments that use screen readers to view the website. Purple has taken steps and is devoting resources to promote website accessibility.
If you have difficulty accessing features or functions on this website, email us at firstname.lastname@example.org and/or call our customer service line at 888-848-8456 and we will work with you to provide the information you seek.
General Sweepstakes Rules
Last Updated November 03, 2020
These Rules (“Rules”) constitute the official rules of Purple Innovation, LLC’s (“Company”) sweepstakes and prize giveaways (“Sweepstakes”). Each Sweepstakes has its own specific terms related to the term of the Sweepstakes, the entry requirements, and the prizes. It is your exclusive obligation to review these Rules carefully. If you do not agree to each of the Rules referenced herein, you are NOT authorized or permitted to participate in the Sweepstakes. By participating in the Sweepstakes, you certify that you have carefully read, understand, and agree to be bound by these Rules.
Each Sweepstakes hosted by Company is a short term, drawing sponsored by the Company to select a winner of a various prizes as identified in the specific Sweepstakes terms. Eligible parties may enter the Sweepstakes during the time-frame set forth in the specific Sweepstakes terms and pursuant to the methods, including various no cost methods, set forth in the specific Sweepstakes terms and herein. All Sweepstakes are void where prohibited, including specifically, Florida, New York and Rhode Island.
The sweepstakes is only open to legal residents of the United States and is void where prohibited. Employees of the Company, its respective affiliates and subsidiaries, advertising and promotion agencies who promote the Sweepstakes, and/or those living in the same household of any, are not eligible to participate in any Sweepstakes. Each Sweepstakes is subject to all applicable federal, state and local laws and regulations.
Unless otherwise stated in the specific Sweepstakes terms, multiple submission do NOT qualify you for multiple entries.
If you prefer, you may enter any Sweepstakes through the submission of theno cost/consideration, online postcard. The online postcard can be accessed and submitted through https://app.viralsweep.com/sweeps/full/ec890b-123532?framed=1
Unless otherwise stated in the specific Sweepstakes terms, only one entry per person will be accepted (either through submission methods specified in the specific Sweepstakes terms, or through one of the no cost methods identified herein). If it is determined, in the sole discretion of Company that you have submitted more than one entry, you will be disqualified and excluded from participation in the Sweepstakes. This entry limitation applies to individuals not households. You may not use a bot or an automated process to submit an entry. Only entries that are actually completed and submitted by a live person will be eligible.
For corporate participants (e.g., Inc., LLC, sole proprietorships, etc.), you will be required to designate either the company, or one specific individual as the participant. Corporate participants may only enter once. However, the entry by a corporate participant does not preclude its employees from entering separately.
If you enter on behalf of a corporate participant, you represent and warrant that you are authorized to do so, and that the designated individual was, in fact, designated by the corporate participant.
Entries that are not complete or do not adhere to the Rules or specifications may be disqualified in the sole discretion of Company. If you use fraudulent methods or otherwise attempt to circumvent the Rules, your submission may be disqualified and removed from eligibility in the sole discretion of Company.
By participating, you agree to be unconditionally bound by these Rules, and you represent and warrant that you meet all eligibility requirements set forth herein. In addition, you agree to accept the decisions of Company as final and binding as it relates to the Sweepstakes and specifically, to the Company’s selection of winners.
Entries will be accepted during the time-frame set forth in the specific Sweepstakes terms.
The prize and anticipated value is identified in the specific sweepstakes terms. Actual/appraised value of any prize may differ at the time of prize awards. The specifics of any prize shall be solely determined by Company. No cash or other prize substitution is permitted, except in the Company’s discretion. Any prize is non-transferable. Any and all prize related expenses, including without limitation any and all federal, state and/or local taxes shall be the sole responsibility of the prize winner. For any prize with a value of $600 or greater, you will incur tax liability. It is your sole duty to properly report the prize and pay applicable taxes related thereto.
No substitution of prize or transfer/assignment of prize to others, or request for the cash equivalent, by winners will be permitted.
Your acceptance of the prize affirms your express consent and permission for Company to use, without limitation, the winner’s name, portrait, picture, voice, likeness, image or statements about the Sweepstakes, and biographical information as news, publicity or information and for trade, advertising, public relations and promotional purposes without any further compensation, except as otherwise prohibited by law.
The odds of winning depend on the number of eligible entries received in each Sweepstakes. Company expects to receive many (possibly thousands) eligible entries and, unless otherwise stated on the specific Sweepstakes terms, only one will win each prize.
Winners of the Sweepstakes will be selected through a random drawing under the supervision of the Company. Appropriate physical and electronic safeguards will be implemented to ensure a fair, unbiased and random drawing. Winners will be notified via email (to the email address provided in their entry) with within five (5) days following the winner selection.
Company shall have no liability for a winner’s failure to receive notices due to a winner’s spam, junk e-mail or other security settings, or for a winner’s provision of incorrect or otherwise non-functioning contact information. In order to avoid interference with a notification, please add email@example.com to your email whitelist.
If a winner cannot be contacted, is ineligible, fails to claim the prize within 15 consecutive days (including weekends and holidays) from the time an award notification is sent, or fails to timely return a completed and executed declaration and/or releases as required, a Prize will be forfeited and an alternate winner selected.
The receipt by a winner of any Prize offered in this Sweepstakes is conditioned upon compliance with all federal, state and local laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY ANY WINNER (IN THE COMPANY’S SOLE DISCRETION) WILL RESULT IN SUCH WINNER’S DISQUALIFICATION AS A WINNER OF THE SWEEPSTAKES AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.