Last updated: January 2, 2026

APPLICABILITY: These Terms of Use apply to the  website www.theindependencebed.com (hereinafter “the Site”) and services we or others may offer from time to time on the Site or in connection therewith (hereinafter “the Services”) and to access and use of the Site and/or the Services, including for example and without limitation, offering of products for sale on the Site and orders for products placed via the Site. The Site is owned by PPJ, LLC, which is known for its innovative and quality bedding products such as the Independence® bed and other adjustable bed frames, mattresses and products under its Customatic Sleep Technologies™ and Customatic® brands. Our Site store is powered by Shopify, which enables us to offer and provide online ordering services to our online customers.

IMPORTANT: PLEASE READ THESE TERMS OF USE (HEREINAFTER “THE TERMS”) CAREFULLY AS THEY CONTAIN IMPORTANT LEGAL TERMS THAT GOVERN ALL PURCHASES OF PRODUCTS VIA THE SITE STORE AND OTHER RIGHTS WITH RESPECT TO THE SITE AND SITE STORE AND AFFECT YOUR LEGAL RIGHTS IN RESPECT TO IMPORTANT ISSUES SUCH AS WARRANTIES, LIMITED REMEDIES, AND ARBITRATION OF DISPUTES WITH WAIVER OF CLASS-ACTION PARTICIPATION RIGHTS AS MORE PARTICULARLY PROVIDED IN THE FOLLOWING PROVISIONS OF THESE TERMS.

ACCEPTANCE OF THESE TERMS AND PRIVACY POLICY: You accept and agree to abide by these Terms and acknowledge and agree to our Privacy Policy by any one or more of the following actions: visiting the Site; establishing a user account via the Site; placing orders via the Site store; or taking any other steps to avail yourself of the services, functionality or goods offered via the Site. While we certainly hope that you will recognize the unique functionality and quality of our Independence® bed and decide to purchase our product, if you do not agree to these Terms and our Privacy Policy, please close your browser and exit our site. No property right: neither these Terms nor your access to and/or use of Services represent or give rise to any property right of any kind or nature whatsoever, including specifically and without limiting the generality of the foregoing, no contract rights except specific contracts to purchase products from the Site resulting from orders you place that we accept, subject to cancellation by us and the other terms and conditions of these Terms.

LEGAL AGE: Do not attempt to establish a user account or place an order via the Site store unless you are at least eighteen (18) years old, or have reached the age in your state of residence if below the age of eighteen (18) years old at which you can lawfully enter into binding agreements. By establishing a user account on this Site or by placing an order via the Site store, you expressly represent and warrant to us that you have reached the age of legal consent as stated in the immediately preceding sentence.

U.S. CITIZENSHIP AND RESIDENCE OR CONTACT US IN ADVANCE: To enable us to comply with U.S. export controls and sanctions laws, if you are not a U.S. citizen residing in the United States, please contact us to discuss your interest in purchasing an Independence® bed so that we can gather the information necessary to enable us to confirm that we can lawfully make the sale and also provide you with accurate pricing and shipping costs to consummate an order.

CHANGES TO THESE TERMS: We reserve the right, in our sole discretion, to update, change, or replace these Terms, in whole or in part (hereinafter collectively “Changes”), at any time and from time to time by posting such revisions on our Site. It is your responsibility to check our website periodically for Changes. We will notify you of any material Changes to these Terms only if and to the extent required by applicable law, and such Changes will be effective on the date specified in the notice unless otherwise expressly provided under applicable law. Your continued use of or access to our Site and/or Services following the posting of any Changes to these Terms constitutes acceptance of those Changes.

GENERAL TERMS:

1.                ACCESS AND ACCOUNT: During use of the Site, you may be asked to provide certain personal information, such as your email address, billing, payment, and shipping information. You represent and warrant to us that all the information you provide in connection with the establishment and use of a user account for the Site and in connection with orders you may place from time to time via the Site store is current, accurate and complete and that you meet or exceed the minimum age requirements set forth above under the heading “LEGAL AGE.” You acknowledge and understand that you are solely responsible for maintaining the security of your account credentials and for all of activity in your user account via the Site. You agree not to allow any other person to place orders from your user account or otherwise access or use functionality associated with your user account. Please also be sure that you keep your account information, including credit card information, updated to avoid unnecessary rejections of your orders or other problems in order and delivery processing.

2.               OUR PRODUCTS: We strive to accurately picture and describe our products on the Site. However, please note that colors, textures and other product features may appear differently when viewed from your desktop, mobile phone or other device due to the type of device, your device settings and configuration, or other factors. We thus cannot promise or warrant that the appearance of any products purchased by you via the Site store will be an exact match to what you perceived in your Site viewing experience, and we encourage you to contact our Customer Service staff to discuss any questions or particular concerns. In addition, we strive to maintain excellence in our product offerings and make enhancements and other changes in our product offerings from time to time, so all product descriptions are subject to change at any time without notice prior to acceptance by us of your order. We also reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

 

3.               ORDERS: When you place an order, you are making an offer to purchase the product(s) ordered, and you are also representing and warranting to us that (a) the credit card information you provide is true, correct, and complete, (b) you are duly authorized to use such credit card for the purchase, (c) charges incurred by you will be honored by your credit card company, (d) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, and (e) to enable us to comply with U.S. export controls laws, you are deemed to represent and warrant to us that you are purchasing for personal use at the address specified for delivery and not for resale or diversion of the product to any location outside of the United States. We reserve the right to accept or decline your order for any reason in our discretion. Your order is not accepted until we issue a confirmation of acceptance by email to the email address linked to your customer account, and all acceptances shall be deemed issued from our offices in Virginia. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as we may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept an order (such as in the case we need more information before we can do so), need to make a change to an order, or cancel an order, we will attempt to notify you by contacting the e‑mail, billing address, and/or phone number provided at the time the order was made. All purchases are subject to return or exchange solely in accordance with our Refund Policy.

 

4.               PRICES AND BILLING: Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email described above. Prices posted in our Site store(s) may be different from prices offered in physical stores of our authorized resellers or in online or other stores operated by third parties—please be sure to contact us to confirm that the products you find on anther online store are genuine and offered by an authorized reseller. We may offer, from time to time, promotions on our products that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

 

5.               SHIPPING AND DELIVERY: We cannot control third party carriers and circumstances, such as weather, that affect them. All delivery times are estimates only and are not guaranteed. Once we transfer products to the carrier, title and risk of loss passes to you.

 

6.               INTELLECTUAL PROPERTY: Site content, including text and images, is owned by us and is protected by U.S. copyright laws. While we are happy for you to copy or print portions of content for your personal non-commercial use in evaluating a purchase of our products for you or your loved ones or to include in your records of purchase, copying or publication beyond the permitted personal use exception under U.S. copyright law is prohibited and may expose you to liability for infringement of our valuable property rights. In addition, we own valuable federally and internationally registered trademark rights in our branding elements, such as Independence®, which are used by us to identify and distinguish our genuine products from the products of all others. In addition, certain third parties such as our Site store operator Shopify own trademark rights in branding elements that may appear on our Site under right and license granted by them to do so. Please click here for more information: Intellectual Property.

 

7.               OPTIONAL THIRD-PARTY TOOLS: Our Site may offer and provide you with access to customer tools offered by third parties such as Shopify, which we neither monitor nor have any control nor input. You acknowledge and agree that (a) we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement, (b) any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s), and (c) we shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

 

8.               THIRD-PARTY LINKS: Our Site and communications you may receive from us or as a result of your access and use of our Site may contain materials and hyperlinks to websites provided or operated by third-parties (including any embedded third-party functionality). Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction, since you acknowledge and agree that (a) we are not responsible for examining or evaluating the content or accuracy of any such third-party materials or websites you choose to access, (b) if you decide to leave our Site via hyperlink or otherwise to access these materials or third party sites, you do so at your own risk, (c) we are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites, and (d) complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party and not to us.

 

9.               RELATIONSHIP WITH SHOPIFY: As noted above, our Site store is powered by Shopify, an unrelated third-party, which enables us to provide Site store services to you. However, any sales and purchases you make in our Site store are made directly with us. By using the Site store, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and us, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with us.

 

10.            PRIVACY POLICY: All personal information we collect through or in connection with our Site and your interaction with it is subject to our Privacy Policy, which can be viewed here, and certain personal information may be subject to Shopify’s Privacy Policy, which can be viewed here. By using accessing our Site, you acknowledge that you have read, understand and agree to these privacy policies. You also acknowledge that since our Site store is hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Site in order to provide and improve functionality and access and for other lawful purposes within the sole control of Shopify. You specifically understand that Information you submit via the Site store will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to offer and provide services and goods to you. You acknowledge and agree that you will look solely to Shopify to comply with the Shopify privacy policy.

 

11.            FEEDBACK: We accept no responsibility or liability with respect to any ideas, suggestions, feedback, reviews, proposals, plans, or other content that you submit, upload, post, email, or otherwise transmit (collectively, “Feedback”), and: (a) you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use such as using our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under the Terms of Service; (b) you represent and warrant to us that: (i) you own or have all copyright and other intellectual property and any other necessary rights to all Feedback; (ii) that neither your Feedback nor our posting your Feedback on our Site or any other publication or use of your Feedback will infringe upon or otherwise violate the copyright, trademark or other intellectual property rights or other legal rights of any other person or entity; (iii) you have disclosed in your Feedback any compensation or incentives received in connection with your submission of Feedback; (iv) at the time you submit your Feedback and at all times thereunder unless and until you deliver written notice to us otherwise, that you believe reasonably and in good faith that all factual assertions in your Feedback are true and accurate and that all facts upon which any opinions expressed in your Feedback are also true and accurate; (v) your Feedback will not contain any libelous or slanderous content, content that is threatening or malicious or which is intended by you to cause emotional or commercial injury, content that contains nudity or which is pornographic or obscene under applicable law, or which otherwise violates or will cause us to violate applicable law; and (vi) you will use a valid email address that you own and control in posting Feedback and you will not pretend to be someone other than yourself (aside from a user account name that is clearly by its nature intended as such as opposed to a false personal identity); and (c) you specifically agree that: (i) your Feedback will comply with these Terms in all other respects; (ii) we are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; (3) to respond to your Feedback; or (4) post your Feedback on our Site or to allow your Feedback to remain on our Site for any period of time once posted; (5) to monitor, edit or remove Feedback that we 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 Service.

 

12.            ERRORS, INACCURACIES AND OMISSIONS: Occasionally there may be information on our Site or in the Services in connection with the same that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

 

13.            PROHIBITED USES: Specifically and in addition to all other provisions of these Terms: You may access and use our Site and the Services for lawful purposes only, and you may not access or use the Site and/or any of the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any applicable international, federal, state or local statutes, regulations, or judicial or administrative orders, decrees, subpoenas or other legal process; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person or entity; (e) 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 the Site and/or any of the Services; (f) to transmit, enable or procure the sending of any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (g) collect or track or attempt to collect or track the personal information of others, including without limitation, their access and use of the Site and/or any Services; (h) to interfere with or circumvent the security features of our Site and/or any of the Services or any related website, other websites, or the Internet generally; (i) to impersonate or attempt to impersonate any other person or entity; (j) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site and/or any Services, or which, as determined by us, may harm us, Shopify or other users of the Site and/or Services, or expose them to liability. In addition to any and all of our rights and remedies under applicable law, we reserve the right to suspend, disable, or terminate your user account at any time, without notice, if we determine that you have violated any of these Terms.

 

14.            TERMINATION: In addition to all of our other rights and remedies under these Terms and/or applicable law, we may terminate your access to our Site and/or the Services (or any part thereof) in our sole discretion at any time without cause and without prior notice, and you will remain liable for all amounts due up to and including the date of termination for orders placed by you and otherwise. No termination of your user account and/or access to the Site and/or Services will relieve you of the binding effect of these Terms with respect to prior access by you of our Site and/or use of Services, including specifically and without limitation your ongoing obligations with respect to Feedback you posted and other provisions of these Terms which by their nature or intended purpose are intended by us to survive termination.

 

15.            DISCLAIMER OF WARRANTIES: OUR SITE AND ALL CONTENT AVAILABLE ON OUR SITE AND/OR IN CONNECTION WITH SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE, BY YOUR USE OF OUR SITE AND/OR ACCESS TO SERVICES THAT YOUR USE IS AT YOUR SOLE RISK AND THAT PPJ AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS (COLLECTIVELY, “AFFILIATES”) SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF OUR SITE AND/OR ANY SERVICES.

 

IN PARTICULAR AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PPJ AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SITE OR THE CONTENT OF ANY OTHER WEBSITES AND/OR SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PPJ AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE AND/OR SERVICES; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (D) ANY INTERRUPTION OF TRANSMISSION TO OR FROM OUR SITE OR ACCESS TO ANY SERVICES; (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH OUR SITE AND/OR SERVICES; OR (F) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE SITE.

16.  LIMITATION OF LIABILITY: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PPJ OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR THE INDIRECT LOSS OF PROFIT, REVENUE, OR DATA) ARISING OUT OF OR RELATING TO OUR SITE AND/OR SERVICES HOWEVER CAUSED, AND UNDER WHATEVER CAUSE OF ACTION OR THEORY OF LIABILITY BROUGHT (INCLUDING UNDER ANY CONTRACT, NEGLIGENCE, OR OTHER TORT THEORY OF LIABILITY) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any warranty or limit our liability, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.

17.  INDEMNIFICATION: To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold PPJ and its Affiliates harmless from and against any and all claims, damages, costs and expenses (including without limitation, reasonable attorneys’ fees and expenses and expert witness fees and expenses) incurred or expended, arising from or related to your access to or use of Site and/or Services (including specifically and without limitation, your access and/or use of our Site and/or Services in violation of these Terms).

We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.

18.  GOVERNING LAW: These Terms shall be construed and applied in accordance with, and the respective rights and obligations of you and us under or in respect hereto shall be governed in all respects by, the laws of the Commonwealth of Virginia and applicable laws of the federal government of the United States (except for conflicts of laws rules which would require the application of the substantive law of any other jurisdiction to the rights of the parties, which are hereby superseded and negated). Specifically, and without limiting the generality of the foregoing, the UN Convention on Contracts for the International Sale of Goods (“CISG”) shall not apply to any purchase via our Site store or otherwise in connection with these Terms, and CISG is hereby disclaimed and denied effect.

19.  DISPUTE RESOLUTION AND CLASS ACTION WAIVER: DISPUTE RESOLUTION POLICY: BINDING ARBITRATION: MOST CUSTOMER CONCERNS CAN BE RESOLVED QUICKLY AND TO THE CUSTOMER'S SATISFACTION BY CONTACTING PPJ, LLC CUSTOMER SERVICE AT support@customaticbeds.zendesk.com or 1-844-815-9023. IN THE UNLIKELY EVENT THAT OUR CUSTOMER SERVICE DEPARTMENT IS UNABLE TO RESOLVE YOUR CONCERNS, WE EACH AGREE TO RESOLVE ALL “COVERED DISPUTES” (AS HEREINAFTER DEFINED) THROUGH BINDING ARBITRATION, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND SUBJECT TO THE TERMS OF THIS AGREEMENT. This agreement to arbitrate is intended to be broadly interpreted and to make all disputes and claims between us subject to arbitration to the fullest extent permitted by law. However, any dispute you or we may have relating to copyrights or other intellectual property (as set forth in below) shall not be governed by this agreement to arbitrate. For the avoidance of doubt, this means that any claims you or we may have relating to intellectual property rights against the other, including injunctive and other relief sought, may be brought in a court of competent jurisdiction.

“COVERED DISPUTES” mean and collectively refer to and include any and all claims and causes of action arising from or related to your purchase of products from PPJ, your other use of this site and any services offered through or in connection with this site, or these terms of use

ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW; CLASS ARBITRATIONS, CLASS ACTIONS OR REPRESENTATIVE ARBITRATIONS ARE NOT PERMITTED. IN ARBITRATION, THE PREVAILING PARTY WILL BE ENTITLED TO RECOVER REASONABLE ATTORNEYS´ FEES FROM THE OTHER PARTY.

YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND PPJ, LLC ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION TO THE MAXIMUM EXTENT PERMITTED BY LAW. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision.

A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to PPJ, LLC should be addressed to: Legal Department, 2 Carsha Dr. Natick, MA 01760 ("Notice Address''). The Notice must describe the nature and basis of the claim or dispute and set forth the specific relief you seek from PPJ, LLC (“Demand”). If PPJ, LLC and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, either you or PPJ, LLC may commence an arbitration proceeding as provided herein.

The arbitration will be governed by the Consumer Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at www.adr.org, by calling the AAA at (800) 778-7879, or by writing to the Notice Address.

All issues are for the arbitrator to decide, including the scope and enforceability of this arbitration provision as well as the Agreement´s other terms and conditions, and the arbitrator shall have exclusive authority to resolve any such dispute relating to the scope and enforceability of this arbitration provision or any other term of this Agreement including, but not limited to any claim that all or any part of this arbitration provision or Agreement is void or voidable.

The place of arbitration shall be Richmond, Virginia. The arbitration shall be governed by the laws of the Commonwealth of Virginia. Case Management Conferences and other hearings shall be heard via telephone or conducted by videoconference unless otherwise agreed to. Parties must attend all telephonic, videoconference and in-person hearings and Case Management Conferences with counsel, unless otherwise agreed to by the parties.

If you believe that the costs of arbitration will be prohibitive as compared to the costs of litigation and you would like to submit a request to PPJ, LLC to pay administrative costs and arbitrator’s fees, please submit your request and the reason for your request to the PPJ, LLC Legal Department contact assigned to your case. If PPJ, LLC denies your request, and you continue to believe the cost of arbitration is prohibitive as compared to the costs of litigation, you may ask that in the final award, the arbitrator apportion the costs of arbitration and arbitrator fees among the parties in such amounts as the arbitrator deems appropriate to prevent the costs of arbitration from being prohibitive.

If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules and the above paragraph shall not apply. If an arbitrator finds that your Demand is frivolous or brought for an improper purpose, you agree to reimburse PPJ, LLC for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules.

Discovery and/or the exchange of non-privileged information relevant to the dispute will be governed by the AAA Rules.

Notwithstanding any provision in this Agreement to the contrary, we agree that if PPJ, LLC makes any material change to this arbitration provision (other than a change to the Notice Address) after your use of the Website, you may reject any such change and require PPJ, LLC to adhere to the language in this arbitration provision as written at the time of your use of the Website or the purchase at issue if a dispute between us arises, by providing Notice to PPJ, LLC at the Notice Address provided above.

20.  SEVERABILITY: In the event that any provision of these Terms 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, such determination shall not affect the validity and enforceability of any other remaining provisions.

21.  WAIVER AND ESTOPPEL: No waiver of rights or remedies by PPJ shall be enforceable unless and except to the extent expressly stated in writing and manually signed by our Chief Executive Officer or Chief Financial Officer for that express purpose. No failure to exercise and no delay in exercising any of our rights and remedies shall be deemed to be or have the effect of a waiver of any such rights or remedies or be construed or applied to estop, bar or otherwise limit or preclude the assertion of any such rights and/or remedies on that occasion or any one or more other occasions.

22.  ASSIGNMENT: You may not delegate, transfer or assign (collectively hereinafter “Transfer”) any rights you may have in respect to order for products via our Site store or otherwise arising under or in connection with these Terms, our Site and/or Services without our prior written consent, which consent may be granted or withheld in our sole discretion, and any such Transfer or attempt to Transfer will be null and void. We may transfer, assign, or delegate any collection and other rights we may have in respect to any order by you for products or these Terms and/or delegate our obligations, in whole or in part, without notice to or consent by you.

23.  ENTIRE AGREEMENT: These Terms and the Policies, as the same may be amended and modified by us from time to time, constitute the entire agreement and understanding between you and us with respect to your use and access of the Site (including without limitation, our Site store and orders you place via the Site) and/or Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms and the Policies).

24.  HEADINGS FOR CONVENIENCE: All headings used in these Terms are included for convenient reference only, do not represent substantive provisions of these Terms, and will not be construed or applied to limit or otherwise affect the meaning or interpretation of these Terms.

25.  CONTACT INFORMATION: Our contact information for any questions about the Terms or Services or for any other communications under these Terms or in connection with our Site and/or Site store is as follows: Customer Service – support@customaticbeds.zendesk.com; Legal – info@theindependencebed.com.