PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. YOUR USE OF THIS WEBSITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS WEBSITE.

Introduction

Gravity1st™ Elevated Sleep Systems is not intended to prevent, cure or treat any disease. If your doctor recommends elevating your head to achieve a restful night’s sleep, then the Gravity1st™ Elevated Sleep Systems mattress may be the perfect solution for you. Any medical condition should be treated according to the instructions of your licensed healthcare provider.

We welcome you to Gravity1st.com website from Gravity Solutions LLC, a Texas Limited Liability Company. Please review all the terms and conditions that govern your use of our website (“Terms of Use”). The terms “you”, “your,” and “yours” mean you — the user, customer, and purchaser. The terms “we,” “our,” “ours” and “GS” means Gravity Solutions, LLC.

These terms and conditions of use shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflicts of laws provisions. The sole and exclusive jurisdiction for any action or proceeding arising out of or related to these terms and conditions of use shall be an appropriate State or Federal court located in Houston, Texas and you hereby irrevocably consent to the jurisdiction of such courts. If for any reason a court of competent jurisdiction finds any provision of these terms and conditions of use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these terms and conditions of use, and the remainder of these terms and conditions of use shall continue in full force and effect. These terms and conditions of use constitute the entire agreement between you and Gravity Solutions with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by either you or Gravity Solutions of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

Use of our website is subject to current laws and regulations. Nothing contained in these Terms shall limit Gravity Solutions’ right to comply with governmental, judicial, and law-enforcement requests or requirements relating to your use of this website.

We strongly encourage you to periodically review these terms and conditions in order to keep apprised of our most current terms and conditions as posted here.

 Privacy

Your privacy is very important to Gravity Solutions. No third party will ever be sold, loaned, or given your information.  The information you provide us is collected only to help improve your experiences with us.  Learn more about our privacy policy.

Pricing; Order Acceptance; Payment; Sales Tax

All prices are displayed on this website are quoted in U.S. Dollars and are valid and effective only in the United States. All prices are subject to change without notice.

While Gravity Solutions works hard to provide the most accurate and up to date product and pricing information, typographical errors may sometimes occur. Prices and product availability are subject to change without notice. Gravity Solutions makes every effort to confirm orders by email, however the receipt of an email order confirmation does not constitute the acceptance of an order or the Gravity Solutions confirmation of an offer to sell a product. Gravity Solutions may also require verification of information prior to the acceptance and/or shipment of any order. Please note that there may be certain orders that we are unable to accept and must cancel. Gravity Solutions reserves the right, at our sole discretion, to refuse to sell to any customer or cancel or delay any order for any reason. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit department. Gravity Solutions will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. For your convenience, you will not be charged until your payment method is authorized and your order is ready to be shipped but if your order is canceled after your credit card has been charged but prior to shipment, we will issue a credit to your credit card in the amount of the charge. You are responsible for all sales taxes on your purchases. Tax exemption certificates cannot be accepted on any orders.

 Trademark and Copyright Notice

Gravity1stä is a trademark of Gravity Solutions, LLC. All images and the Gravity1stä brand are not to be used without express written permission.  All pages on this website are subject to the following copyright notice: © 2012 Gravity Solutions, LLC. All rights reserved.  All materials, including images, text, illustrations, graphics, designs, icons, photographs, video clips and written and other materials that are part of this website and any compilation thereof (collectively, the “Contents”) are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Gravity Solutions, LLC. The contents are protected by U.S. and international copyright laws and Gravity Solutions and its affiliates expressly reserve all intellectual property rights in the contents. You do not have the right to alter, modify, distort, manipulate, create derivative works from, sell, or exploit in anyway any photos, videos or images on our website. You should credit the source of the photo or video to either the named photographer/videographer, if revealed to you, or by stating “Photo is courtesy of Gravity Solutions, LLC.” You will not use the photos in any manner that is derogatory or demeaning to Gravity Solutions, Gravity1stä, the photographer or videographer.  Any unauthorized use of our contents or photos is subject to all applicable penalties available to the copyright owner under the applicable copyright laws.

 Patents

Gravity Solutions’ products are all proudly designed in the USA and made in China under the strictest U.S. specifications. Our products are covered under one or more of the following U.S. and/or foreign patent(s):  U.S. Pat. No. 7,607,185; 6,237,621; 6,508,264; 6,755,208; 6,986,360; 7,938,138;  7,025,576;  HK 1025374;  BR 9710873;  DE 2554719; DE 2701556; EP 0852296; EP 0 317 021; GB 841 736; EP 1372 434; DE 60204949; CN 2037006; CN 1274266; DE 4413445; DE 297 21 150; JP 05137809; WO 93/05684; WO 03/093709.   Other U.S. and foreign patents may be pending.

 Content

This website contains content that Gravity Solutions creates and also content provided by third parties and may include information from users that register to provide comments or reviews. Gravity Solutions does not accept responsibility for the accuracy, veracity or the quality of any third party content. While we believe this content to represent the beliefs of those that submit it, you are advised not to rely on third party content without independent analysis.

Information Accuracy

Gravity Solutions makes every effort to ensure that our website contents are accurate and up-to-date, we, however, make no warranties or representations as to the accuracy or completeness of the contents or the reliability of any advice, opinions, statements, articles, or other information displayed or distributed through our website. GRAVITY SOLUTIONS MAKES NO CLAIMS AS TO THE SUITABILITY OF OUR PRODUCTS FOR YOUR INTENDED USE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH ADVICE, OPINIONS, STATEMENTS, ARTICLES, OR OTHER INFORMATION CONTAINED ON OUR WEBSITE SHALL BE AT YOUR SOLE RISK. YOU ASSUME SOLE RESPONSIBILITY FOR SEEKING INSTRUCTION AND GUIDEANCE FROM A LICENSED HEALTHCARE PROVIDER TO TREAT ANY MEDICAL CONDITION.

Sales Tax

 Texas residents will be charged sales tax based on their ship to address. Customers purchasing products for delivery outside of Texas are required to claim appropriate sales taxes and use the applicable taxes in their jurisdiction.

Shipping Charges

When an order is placed, it will be shipped to the address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this website. We offer shipping within the United States, and U.S. territories. We cannot offer shipping to APO/FPO at this time. All purchases from this website are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this website pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carrier for damaged and/or lost shipments. The purchaser is responsible for all shipping costs. Upon shipment, we will make every attempt to email to you a tracking number. We are not responsible for inaccurate or invalid email addresses.

Products, Services and Specifications

All information on Gravity1st website including but not limited to: product features, content and specifications described or depicted are subject to change at any time without notice. We take all reasonable measures to accurately display the attributes of our products, including the colors; however, the actual color you see will depend on your specific computer monitor. Gravity Solutions cannot guarantee that your monitor will accurately display such colors. The inclusion of any products on this website at any particular time does not imply or warrant that these products will be available at that time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this website. By placing an order, you represent that the products ordered will be used only in a lawful manner and only in accordance with included product instruction manual.

 Exchanges, Refunds, and Returns

Given the personal nature of our Gravity1st products, Gravity Solutions, LLC can only accept returns if the item is unopened or in the unlikely event that it has a product defect. All of our products carry a warranty to protect your investment. Should you have any questions regarding the operation of your product or for warranty service, please email us at warranty@Gravity1st.com. Do not return a product without first reviewing warranty service information below.

Product Warranty

LIMITED EXPRESS WARRANTY

Gravity Solutions, LLC (“GS”) warrants to the original purchaser (“you”) that this Gravity1stä mattress (“mattress”) is guaranteed against defects in materials and workmanship for the period of 1 year from the original date of purchase while used only under normal use in compliance with all instructions provided to you.  This warranty includes the mattress and air pump. This warranty extends only to the first retail purchaser and is not transferable or assignable.

GRAVITY SOLUTIONS EXCLUSIVE OBLIGATION AND YOUR SOLE AND EXCLUSIVE REMEDY UNDER THIS LIMITED EXPRESS WARRANTY OR OTHERWISE SHALL BE THE REPAIR OR REPLACEMENT OF ANY PRODUCT OR PARTS WHICH MAY PROVE DEFECTIVE UNDER THE CONDITIONS OF NORMAL USE DURING THE WARRANTY PERIOD. IN THE EVENT THE PRODUCT OR PARTS CANNOT BE REPAIRED OR REPLACED, YOU SHALL RECEIVE A PRODUCT OF COMPARABLE VALUE AT OUR EXPENSE LESS SHIPPING AND HANDLING FEES.  THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

Exclusions

Gravity Solutions’ obligation under this limited express warranty shall not apply if our inspection shows:

  1. Any part of the mattress or air pump has been subject to misuse, abuse or has been operated contrary to our written instructions;
  2. Any part has been modified or tampered with;
  3. Any part is damaged by Acts of God, power surge, misuse, abuse, negligence, accident, wear and tear, mishandling, misapplication or other causes unrelated to defects in the mattress or air pump.

Warranty Disclaimer

EXCEPT FOR THE LIMITED EXPRESS WARRANTY SET FORTH IN THIS SECTION, OR ANY IMPLIED WARRANTIES PERMITTED UNDER APPLICABLE LAW, GRAVITY SOLUTIONS, LLC MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS. ALL CLAIMS AGAINST GRAVITY SOLUTIONS MUST BE BROUGHT WITHIN 90 DAYS FROM THE TIME THEY ARISE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, GRAVITY SOLUTIONS SHALL NOT BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WITH RESPECT TO THE SALE OR USE OF THIS PRODUCT, INCLUDING ANY LOST REVENUES, LOSS OF USE OR LOST PROFITS, REGARDLESS OF THE THEORY BY WHICH A CLAIM MAY BE BASED, INCLUDING ANY TORT, TANGIBLE PROPERTY DAMAGE OR STATUTORY CAUSES OF ACTION. NOTWITHSTANDING THE TERM OF ANY LIMITED OR IMPLIED WARRANTY, OR IN THE EVENT THAT ANY LIMITED WARRANTY FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL OUR ENTIRE LIABILITY TO YOU EXCEED THE PURCHASE PRICE ACTUALLY PAID BY YOU FOR THE PRODUCTS, OR ANY DEFECT OR NONCONFORMING PORTION THEROF, WHICHEVER IS THE LESSER AMOUNT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

THIS LIMITATION DOES NOT APPLY TO ANY CLAIMS FOR PERSONAL INJURY. THIS AGREEMENT AND ANY CLAIMS AND DISPUTES BETWEEN THE PARTIES SHALL BE GOVERNED BY AND SUBJECT TO THE INTERNAL LAWS (EXCLUSIVE OF THE CONFLICTS OF LAW PROVISION) AND DECISIONS OF THE COURTS OF THE STATE OF TEXAS. THE EXCLUSIVE VENUE AND JURISDICTIONS FOR ALL CLAIMS AND DISBUTES SHALL BE THE STATE OF FEDERAL COURT LOCATED IN MONTGOMERY COUNTY, TEXAS.

Gravity Solutions, LLC neither assumes nor authorizes any representative or other person to assume any obligation or liability other than those expressly set forth herein.

WARRANTY SERVICE


Warranty service must be obtained through Gravity Solutions. Gravity Solutions may be contacted for warranty service inquiries or issues via email at warranty@gravity1st.com or by phone at 1-281-826-3647, or by mail to Gravity Solutions, LLC, 6700 Woodlands Parkway, Ste. 230-317, The Woodlands, TX 77382.  

It is the purchaser’s obligation to arrange for delivery of a product to Gravity Solutions or one of its authorized dealers for warranty service, such delivery shall be at purchaser’s expense. It is also the purchaser’s obligation to comply with the warranty service instructions provided either by Gravity Solutions or its authorized dealer. The retail purchaser must provide Gravity Solutions with completed warranty registration information within thirty (30) days after purchase in order to obtain the benefits of this warranty.
 Warranty registration is available by emailing warranty@gravity1st.com or by calling 1-281-826-3647.

Disclaimer

YOU ACKNOWLEDGE, BY YOUR USE OF THIS WEBSITE, THAT SUCH USE IS AT YOUR SOLE RISK.  THIS WEBSITE IS PROVIDED BY GRAVITY SOLUTIONS ON AN “AS IS” AND “AS AVAILABLE” BASIS. GRAVITY SOLUTIONS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, SERVICES OR MATERIALS INCLUDED ON THIS WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, GRAVITY SOLUTIONS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS OF USE. SOME STATES DO NOT ALLOW SUCH LIMITATIONS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

 Limitation of Liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL GRAVITY SOLUTIONS OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS WEBSITE AND THE CONTENTS, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF GRAVITY SOLUTIONS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL GRAVITY SOLUTIONS BE LIABLE FOR ANY DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE. Any cause of action you may have with respect to your use of this website and the Contents of each must be commenced within the six (6) month period after the claim or cause of action arose.

 Links to Third Party Sites

References on this website to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply Gravity Solutions’ endorsement, sponsorship or recommendation of the third party, information, product or service. If you use those websites, you will leave our website. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Gravity Solutions makes no warranty or representation regarding any linked websites.

Linking to our Gravity1stä website

All links to the Gravity1st website must be approved in writing by Gravity Solutions.  Gravity Solutions reserves the right to revoke this consent to link at any time in its sole discretion.

Revisions to Terms of Use and Website

Gravity Solutions reserves the right, at its sole discretion, to change, modify, revise, add or remove any portion of these Terms of Use in whole or in part, at any time. Changes to these Terms of Use will be effective when such changes are posted to this website. Your continued use of this website after any change will be considered acceptance of those changes. Gravity Solutions may change, suspend, terminate or discontinue any aspect of the Gravity1st website, including the availability of any features of the website, at any time. Gravity Solutions may also impose limits on certain features and services or restrict your access to parts or all of the website without notice or liability. Gravity Solutions may terminate the authorization, rights and license given above and, upon such termination you shall immediately destroy all content and photos, which you may have downloaded.

International Users

This website is controlled, operated and administered by Gravity Solutions from its offices within the United States of America. Gravity Solutions makes no representation that materials at this site is appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the website or export the content in violation of U. S. export laws and regulations. If you access this website from a location outside of the United States, you are responsible for compliance with all local laws.

Choice of Law

These Terms of Use constitute the entire agreement between Gravity Solutions and you with respect to your use of this website. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect. These Terms of Use shall be governed by the laws of the state of Texas without regard to its laws on conflicts of law, and the federal law of the United States of America. Any action to enforce these Terms of Use shall be brought in the federal or state courts located in Houston, Texas.

Website Security

You are prohibited from violating or attempting to violate the security of this website, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to this websites, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;” (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Gravity Solutions will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this website or any activity being conducted on this website.

Gravity Solutions reserves the right, without obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:

1)    Restrict, suspend, or terminate your access to all or any part of the website;

2)    Establish general rules concerning use of our website.

You agree that Gravity Solutions will not be liable to you or any third party for taking any of these actions.

Invention and Idea Submissions

As you can understand, Gravity Solutions is continually working on new or improved product concepts and may receive a similar suggestion from an inventor. If Gravity Solutions proceeds with its new product, it is natural for the inventor to think that Gravity Solutions has used the inventor’s idea and that the inventor should be compensated. In order to protect Gravity Solutions as well as any independent inventors, Gravity Solutions will only consider for review inventions with fully issued patents. If you have already obtained a patent, you may send Gravity Solutions a copy of the patent for consideration. Please do not send any confidential information with the patent or the submission will not be considered. We will not review any pending patent applications. Gravity Solutions does not want you to, and you should not, send any confidential or proprietary information to Gravity Solutions via this website or by any other means not in compliance with our policy. You agree that any information or materials that you or individuals acting on your behalf provide to Gravity Solutions in violation of our policy will not be considered confidential and may be returned to sender at sender’s expense or destroyed. By providing any such information or materials to Gravity Solutions in violation of our policy, you grant to Gravity Solutions an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information and materials, and you further agree that Gravity Solutions is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to Gravity Solutions.

Additional Assistance

If you do not understand any of the foregoing Terms of Use or if you have any questions or comments, please feel free to contact us.