1. About Us and These Terms
These Terms of Use ("Terms") constitute a legally binding agreement between you ("you" or "user") and AirStreem Pillow, L.L.C. ("we," "us," or "our"), a Louisiana limited liability company with its principal place of business in New Orleans, Louisiana. We operate the website located at www.airstreempillow.com (the "Site") and sell products through our Shopify-powered online store.
These Terms govern your access to and use of the Site, including any purchases you make through the Site. Our Privacy Policy, which is incorporated herein by reference, also governs your use of the Site and explains how we collect and use your personal information.
2. Eligibility
By using our Site, you represent and warrant that:
- You are at least 18 years of age (or the age of majority in your jurisdiction, whichever is greater) or have the legal consent of a parent or other guardian,
- You have the legal capacity alone or with your parent or other guardian to enter into a binding contract,
- You are not located in a country that is subject to a U.S. government embargo or that has been designated as a "terrorist supporting" country,
- You are not listed on any U.S. government list of prohibited or restricted parties, and
- You will use the Site only for lawful purposes and in accordance with these Terms.
If you are using the Site on behalf of a business or other legal entity, you represent that you have the authority to bind that entity to these Terms, in which case the terms "you" and "your" shall refer to such entity.
3. Accounts
3.1 Account Registration
You may be required to create an account to access certain features of our Site or to make a purchase. When creating an account, you agree to provide accurate, current, and complete information and to update that information as necessary to keep it accurate and complete.
3.2 Account Security
You are responsible for maintaining the confidentiality of your account login credentials and for all activities that occur under your account. You agree to:
- Choose a strong, unique password and not share your credentials with others
- Notify us immediately at info@airstreempillow.com if you suspect unauthorized access to your account
- Log out of your account at the end of each session, particularly on shared devices
We reserve the right to disable any account at any time if, in our opinion, you have violated any provision of these Terms or if we determine that your account poses a security risk.
3.3 Account Termination
You may close your account at any time by contacting us. We reserve the right to terminate or suspend your account and refuse service to anyone for any reason, including violation of these Terms, at our sole discretion and without notice.
4. Products and Pricing
4.1 Product Descriptions
We make reasonable efforts to display our products accurately, including descriptions, images, dimensions, colors, and specifications. However, we do not warrant that product descriptions or other content on the Site are accurate, complete, reliable, current, or error-free. Colors and appearance may vary depending on your monitor settings. We reserve the right to correct any errors or inaccuracies and to update information at any time without prior notice.
4.2 Pricing
All prices are displayed in U.S. dollars (USD) unless otherwise stated and are subject to change without notice. We reserve the right to modify prices at any time. In the event of a pricing error, we reserve the right to cancel orders placed at the incorrect price and will notify you promptly if this occurs.
Prices displayed do not include applicable taxes or shipping charges, which will be calculated and displayed at checkout before you complete your purchase.
4.3 Availability
All products are subject to availability. We reserve the right to discontinue any product at any time and to limit quantities available for purchase. We do not guarantee that any product will be in stock or available for purchase at any given time.
5. Orders and Payment
5.1 Order Placement and Acceptance
When you place an order through our Site, your order constitutes an offer to purchase the specified products at the listed price. We reserve the right to accept or decline your order for any reason, including but not limited to product unavailability, errors in product or pricing information, or concerns about fraud or unauthorized activity.
Your order is not accepted until we send you an order confirmation email. We reserve the right to cancel any accepted order prior to shipment and will issue a full refund in such cases.
5.2 Payment
We accept only the payment methods indicated from time to time on the Site.
By providing payment information, you represent and warrant that you are authorized to use the designated payment method and authorize us (or our payment processor) to charge your payment method for the total amount of your order, including applicable taxes and shipping fees.
All payment transactions are processed through secure third-party payment processors. We do not store full credit or debit card numbers.
5.3 Sales Tax
We collect applicable sales tax on orders shipped to states where we have nexus, as required by law. The applicable tax will be calculated and displayed at checkout. You are solely responsible for any additional taxes, duties, or fees imposed by your local jurisdiction.
5.4 Order Cancellations
Once an order has been submitted, we cannot guarantee that it can be cancelled before it is processed and shipped. If you wish to cancel an order, please contact us immediately at info@airstreempillow.com. If the order has already shipped, you may return it in accordance with our Return Policy in Section 6 below.
6. Shipping, Returns, and Refunds
6.1 Shipping
We currently ship only within the continental United States. We reserve the right to cancel orders placed with other shipping addresses. Shipping is free on orders over $60.00 and a flat rate of only $5.00 on orders less than $60.00. Orders will typically take no longer than 5 days to reach you but could take longer. Estimated delivery times are provided as guidance only and are not guaranteed. We are not responsible for delays caused by shipping carriers, weather, customs, or other factors beyond our control. Risk of loss and title for products purchased from us pass to you upon delivery of the products to the carrier. If your shipment is lost or damaged in transit, please file a claim with the carrier.
6.2 Returns and Exchanges
We want you to be completely satisfied with your purchase. If you are not satisfied for any reason, you may return eligible items within 30 days of the delivery date, subject to the following conditions:
- Items must be unopened, unused, and in their original condition with all tags and packaging intact;
- You are responsible for return shipping costs unless the return is due to our error or a defective product; and
- We reserve the right to refuse returns that do not meet our return policy requirements.
To initiate a return, please first contact us at info@airstreempillow.com.
6.3 Refunds
Once we receive and inspect your returned item, we will notify you of the approval or rejection of your refund. Approved refunds will be processed to your original payment method within 10 business days. Shipping charges are non-refundable unless the return is due to our error or a product defect. Please note that your payment provider may require additional time to post the refund to your account.
6.4 Defective or Incorrect Items
If you receive a defective, damaged, or incorrect item, please contact us within 7 days of delivery at info@airstreempillow.com with your order number and a description or photo of the issue. We will arrange a replacement or full refund at no additional cost to you.
7. Intellectual Property
7.1 Our Content
All content on the Site — including, but not limited to, text, graphics, logos, images, photographs, product descriptions, audio and video clips, data compilations, and software — is our property or that of our licensors and is protected by applicable copyright, trademark, and other intellectual property laws.
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site and its content for your personal, non-commercial use only. This license does not include the right to:
- Copy, reproduce, distribute, or publicly display any content from the Site;
- Modify, create derivative works from, or reverse engineer any portion of the Site;
- Use any data mining, robots, scrapers, or similar automated data collection methods;
- Download or copy account information for the benefit of any third party; or
- Use the Site or its content for any commercial purpose without our prior written consent.
7.2 Trademarks
AirStreem Pillow®, Don’t Be a Hot Head®, our logo, and all related names, logos, product and service names, designs, and slogans are our trademarks, service marks, and/or intellectual property. You may not use them for any reason without our prior written permission. Any other names, logos, product and service names, designs, and slogans on the Site are the trademarks or service marks of their respective owners.
7.3 User-Submitted Content
If you submit reviews, comments, photos, videos, or other content to us or to our Site ("User Content"), you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, distribute, and display such content worldwide in any media, and including, without limitation, for marketing and advertising purposes. You represent and warrant that you own or control all rights in and to the User Content and that your User Content does not violate these Terms or any third-party rights. We reserve the right to remove any User Content at any time, for any reason, in our sole discretion.
Further, if you choose to submit User Content to any public area of the Site or otherwise, this User Content will be public and accessible by anyone. We do not control who will have access to the User Content and cannot ensure that parties who have access to such information will respect your privacy or keep it secure. We are not responsible for the privacy or security of any User Content or for the accuracy, use, or any alleged misuse of it.
7.4 Copyright Infringement (DMCA)
If you believe that material on our Site infringes your copyright, please send a written notice to info@airstreempillow.com, Attention: Manager, and include: (i) a description of the copyrighted work, (ii) the URL or location of the infringing material, (iii) your contact information, (iv) a statement that you have a good faith belief the use is unauthorized, and (v) your signature.
8. Prohibited Conduct
You agree not to use the Site for any purpose that is unlawful or prohibited by these Terms. Prohibited conduct includes, but is not limited to:
- Violating any applicable local, state, national, or international law or regulation
- Impersonating any person or entity or misrepresenting your affiliation with any person or entity
- Engaging in fraudulent activity, including placing false or unauthorized orders
- Using the Site to transmit or distribute viruses, malware, or any harmful code
- Attempting to gain unauthorized access to any portion of the Site or its related systems or networks
- Interfering with or disrupting the integrity or performance of the Site or its services
- Scraping, crawling, or harvesting data from the Site without our prior written consent
- Using the Site to send unsolicited commercial communications (spam)
- Facilitating or encouraging any of the above conduct
We reserve the right to investigate and take appropriate legal action against anyone who violates this section, including removing offending content, terminating accounts, and reporting violations to law enforcement.
9. Third-Party Links and Services
Our Site may contain links to third-party websites, services, or advertisements that are not owned or controlled by us, including those operated by Shopify and our service providers. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites. We encourage you to read the terms and privacy policies of any third-party sites you visit.
Our Site is powered by Shopify Inc. Your use of the checkout, payment, and related services may be subject to Shopify's Terms of Service, available at https://www.shopify.com/legal/terms. We are not responsible for Shopify's practices or any issues arising from your use of Shopify's platform.
10. Disclaimers and Limitation of Liability
10.1 Site Disclaimers
THE SITE AND ITS CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
We do not warrant that: (i) the Site will be uninterrupted, timely, secure, or error-free; (ii) the results obtained from use of the Site will be accurate or reliable; (iii) the quality of any products, services, or information obtained through the Site will meet your expectations; or (iv) any errors in the Site will be corrected.
10.2 Product Disclaimers
PLEASE READ THIS DISCLAIMER CAREFULLY BEFORE USING THE AIRSTREEM PILLOW®. THE AIRSTREEM PILLOW® IS DESIGNED AS A RECREATIONAL INFLATABLE PILLOW FOR LEISURE USE AT THE BEACH, POOL, CAMPING, HOME, AND SIMILAR SETTINGS. IT IS INTENDED TO PROVIDE COMFORTABLE SUPPORT FOR THE HEAD, NECK, FEET, AND CHEST WHILE RELAXING. WHILE SOME CUSTOMERS HAVE REPORTED PERSONAL BENEFITS FOR CONDITIONS SUCH AS ACID REFLUX, GERD, SNORING, BACK PAIN, ALLERGIES, AND POST-SURGICAL RECOVERY, THE AIRSTREEM PILLOW® IS NOT A MEDICAL DEVICE AND HAS NOT BEEN EVALUATED OR APPROVED BY THE U.S. FOOD AND DRUG ADMINISTRATION (FDA). IT IS NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY MEDICAL CONDITION. ALWAYS CONSULT YOUR PHYSICIAN OR HEALTHCARE PROVIDER BEFORE USING ANY PRODUCT FOR MEDICAL OR THERAPEUTIC PURPOSES. DO NOT OVER-INFLATE. INFLATE ONLY UNTIL THE PILLOW IS FIRM BUT HAS SLIGHT GIVE WHEN PRESSED. OVER-INFLATION CAN CAUSE SEAM STRESS AND MAY RESULT IN LEAKAGE OR PRODUCT FAILURE. INFLATE BY MOUTH OR WITH A COMPATIBLE PUMP; DO NOT USE HIGH-PRESSURE AIR COMPRESSORS. THE AIRSTREEM PILLOW® IS DESIGNED FOR USE BESIDE WATER (POOL DECK, BEACH, ETC.) — IT IS NOT A FLOTATION DEVICE AND SHOULD NOT BE USED TO SUPPORT A PERSON IN WATER. DO NOT USE AS A LIFE PRESERVER OR WATER SAFETY DEVICE. NEVER LEAVE CHILDREN UNATTENDED NEAR WATER. ADULT SUPERVISION IS REQUIRED WHEN CHILDREN USE THIS PRODUCT. KEEP DEFLATED PILLOWS AWAY FROM SMALL CHILDREN TO AVOID CHOKING OR SUFFOCATION HAZARDS. THE PILLOW IS MADE FROM FLOCKED VINYL WRAPPED IN BREATHABLE MESH. KEEP AWAY FROM SHARP OBJECTS THAT COULD PUNCTURE THE MATERIAL. CLEAN WITH A DAMP CLOTH AND MILD SOAP. DO NOT MACHINE WASH OR SUBMERGE THE VALVE.
10.3 Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AIRSTREEM PILLOW, L.L.C., ITS MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:
- Your access to or use of (or inability to access or use) the Site or its content,
- Any conduct or content of any third party on the Site,
- Any products purchased through the Site, and/or
- Unauthorized access, use, or alteration of your account or transmissions.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. If you reside in such a jurisdiction, some of the above limitations may not apply to you.
11. Indemnification
You agree to defend, indemnify, and hold harmless AirStreem Pillow, L.L.C., and its members, managers, officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
- Your violation of these Terms;
- Your use of the Site, including any purchases you make;
- Your User Content;
- Your violation of any third-party rights, including intellectual property rights or privacy rights; and/or
- Any claim that your User Content caused damage to a third party.
This indemnification obligation will survive termination of these Terms and your use of the Site.
12. Dispute Resolution
12.1 Informal Resolution
Before filing any formal legal claim, you agree to contact us at info@airstreempillow.com and provide a written description of the dispute, the relief sought, and your contact information. We will attempt to resolve the dispute informally within 30 days of receiving your notice. Either party may pursue formal relief if the dispute is not resolved within that period.
12.2 Class Action Waiver
YOU AND AIRSTREEM PILLOW, L.L.C., EACH AGREE THAT ANY PROCEEDINGS TO RESOLVE DISPUTES WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.
12.3 Governing Law and Venue
These Terms and any dispute arising out of or in connection with these Terms or the Site shall be governed by and construed in accordance with the laws of the State of Louisiana, without regard to its conflict of law provisions. For any dispute, you and AirStreem Pillow, L.L.C., consent to personal jurisdiction and exclusive venue in the state courts located in Orleans Parish, State of Louisiana, and agree that any action concerning the dispute may only be filed in such courts.
13. Privacy Policy
Your use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms by reference but is also listed separately on the Site. Please review our Privacy Policy, which describes how we collect, use, and share information about you when you use our Site. By using the Site, you consent to our collection and use of your information as described in the Privacy Policy.
14. Web Accessibility
We are committed to ensuring that the site is accessible to individuals with disabilities. We strive to provide a digital experience that is consistent with reasonable industry standards. The Site is hosted on the Shopify platform, and certain aspects of the user interface—including checkout, payment processing, and third-party application interfaces—may be controlled by Shopify Inc. or other third-party providers. Additionally, content submitted to the Site by third parties, including User Content, may not meet the same accessibility standards as our own content. Thus, we do not represent or warrant that the Site is fully accessible or free from barriers at any given time. If you experience difficulty accessing any content or functionality on the Site, or if you believe a portion of the Site is not accessible to you due to a disability, please contact us so that we may assist you and address the issue:
AirStreem Pillow, L.L.C.
Attn: Manager
141 Allen Toussaint Boulevard, Unit 305
New Orleans, Louisiana 70124
Email: info@airstreempillow.com
Phone: (504) 437-6180
When contacting us regarding an accessibility issue, please provide a description of the specific feature, page, or content that you believe is inaccessible, the type of assistive technology you are using (if any), and the web browser and operating system you are using. This information will help us investigate and respond to your request more effectively.
15. Changes to These Terms
We reserve the right to modify these Terms at any time. When we make material changes, we will update the "Last Updated" date at the top of this page and, where appropriate, notify you by email or by posting a notice on the Site. Your continued use of the Site after any changes are posted constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Site.
We encourage you to review these Terms periodically to stay informed of our current policies and requirements.
16. Miscellaneous
16.1 Entire Agreement
These Terms, together with the Privacy Policy and any other legal notices or agreements published by us on the Site, constitute the entire agreement between you and us with respect to your use of the Site and supersede all prior and contemporaneous understandings, agreements, and arrangements between us.
16.2 Severability and Reformation
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining provisions continue in full force and effect, and the court may reform such problematic provision so that it is enforceable to the maximum extent allowed by applicable law.
16.3 Waiver
Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by one of our authorized representatives.
16.4 Assignment
You may not assign or transfer these Terms, or any of your rights or obligations hereunder, without our prior written consent. We may assign these Terms or our rights hereunder freely, including in connection with a merger, acquisition, or sale of all or substantially all of our assets. These Terms will be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.
16.5 Force Majeure
We will not be liable for any delay or failure to perform any of our obligations under these Terms where such delay or failure arises from any cause beyond our reasonable control, including acts of God, natural disasters, pandemics, war, terrorism, civil unrest, government action, labor disputes, power failures, or internet outages.
16.6 Electronic Communications
By using our Site, you consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
17. Contact Information
If you have any questions about these Terms, please contact us:
AirStreem Pillow, L.L.C.
Attn: Manager
141 Allen Toussaint Boulevard, Unit 305
New Orleans, Louisiana 70124
Email: info@airstreempillow.com
Phone: (504) 437-6180
Website: www.airstreempillow.com
