1800Mattress.com Internet Site Terms and Conditions
Welcome to the 1800Mattress.com Internet site (the "Site"). The Site is owned and operated by 1800Mattress. This page contains the 1800Mattress.com Internet Site Terms and Conditions of Use (these "Terms & Conditions"). The Site is made available only to those who agree to these Terms & Conditions. As such, these Terms & Conditions govern and control your access to and use of the Site and by accessing and using the Site you are agreeing to be bound by these Terms & Conditions. If you do not agree to be bound by these Terms & Conditions, you are not authorized to use the Site. 1800Mattress.com may change these Terms & Conditions from time to time, without notice to you, by posting such changes on the Site. By using the Site following any such changes, you agree to be bound by these Terms & Conditions as they may have been changed.
1. The Site and 1800Mattress.com Business. 1800Mattress.com is the operator of retail mattress stores for consumers ("Customers"). Our credit card underwriters may operate sites embedded within the Site. Such sites may be governed by separate or additional terms and conditions.
2. Compliance with Laws. Use of the Site is subject to compliance with all applicable international, federal, state and local laws and regulations.
4. Your Account and Password. If you are required to establish or use an account on the Site (whether or not as a Customer) and have been provided with a user name and password for such purpose, you are responsible for maintaining the strict confidentiality of that information. You are also responsible for any activity conducted under your account. You agree to: (a) immediately notify 1800Mattress.com of any unauthorized use of your password or account or any other breach of the Site’s security; and (b) ensure that you log-off and exit from your account at the end of each session. It is your sole responsibility to control the dissemination and use of your password, and control access to and use of your account. It is also your sole responsibility to notify 1800Mattress.com if you desire to cancel your account on the Site. 1800Mattress.com will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.
5. Rights to Site Content. As between 1800Mattress.com and Site visitors, 1800Mattress.com is the sole and exclusive owner of all intellectual property rights, proprietary rights and moral rights in and to the Site content including, without limitation, all text, graphics and photographs located within the Site.
6. Prohibited Conduct. The Site may not be used in any manner that is unlawful or harmful to the rights of 1800Mattress.com, any Customer or any third party. In no event shall you use the Site in a manner that exceeds the specific authorization granted by 1800Mattress.com under these Terms & Conditions or by other express written agreement. The prohibition on unauthorized uses includes (but is not limited to) an express prohibition any attempt to: (a) retrieve, alter, or destroy data on, from or through the Site; (b) probe, scan or test the vulnerability of a system or network on, from or through the Site; or (c) breach or defeat system or network security measures on, from or through the Site such as authentication, authorization, confidentiality, intrusion detection, or monitoring; (d) interfere with or disrupt the Site or the business, operations or services of 1800Mattress.com; (e) interfere with or disrupt any computer, host, network, or telecommunications device maintained by 1800Mattress.com or any third party; (f) interfere with or disrupt the legitimate use of the Site by any person; (g) transmit, distribute, disseminate, publish or store any information that is in violation of any applicable law or regulation or is defamatory, abusive, obscene, indecent, or harassing, or that threatens or encourages injury to persons or property or infringement of the lawful rights of 1800Mattress.com or any other party; (h) violate the privacy rights of 1800Mattress.com or any other party under applicable law or regulation; (i) use any technology that is or reasonably should be known to contain software viruses, Trojan horses, or any computer code, files, or programs designed to disrupt, destroy, invade, gain unauthorized access to, corrupt, observe, or modify without authorization, any data, software, computing or network devices, or telecommunications equipment of 1800Mattress.com or any Customer or any other third party; (j) use the facilities of the Site to send, relay, forward, bounce, reply, or otherwise route commercial or non-commercial unsolicited electronic messages (commonly referred to as "spam") or commercial electronic messages even if previously solicited by the intended recipient; and (k) copy (whether directly or by use of any "scraping" or related technology) any of the contents of the Site.
7. Links. The Site may include links to other Internet sites over which 1800Mattress.com has no control. These links are provided solely as a convenience to users of the Site. You acknowledge and agree that 1800Mattress.com is not responsible for the availability of the sites intended to be located at such links, and that 1800Mattress.com does not endorse (and is not responsible or liable for) any such linked sites including their content, advertising, products, or other materials. You further acknowledge and agree that, under no circumstances, will 1800Mattress.com be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products or other resources available on any other Internet site (regardless of whether the Site is directly or indirectly linked to such content, advertisements, products or other resources). You should direct any concerns with respect to any other Internet site to that Internet site’s administrator or webmaster.
8. DISCLAIMER OF WARRANTIES. THE SITE AND ALL INFORMATION CONTAINED ON IT IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. 1800Mattress.com MAKES NO WARRANTIES WITH RESPECT TO THE ACCURACY OR COMPLETENESS OF INFORMATION CONTAINED ON THE SITE, OR THAT THE SITE WILL BE ERROR-FREE OR AVAILABLE FOR UNINTERRUPTED USE. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM 1800Mattress.com THROUGH THE SITE SHALL CREATE ANY WARRANTY. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. YOU SHOULD NOT RELY ON THE SITE TO MAINTAIN ANY SUBMISSIONS YOU MAY MAKE; YOU SHOULD RETAIN ALL SUCH DATA AND INFORMATION IN YOUR OWN RECORDS FOR USE IN THE EVENT THAT THE SITE FAILS OR IS UNAVAILABLE, OR THE DATA OR INFORMATION IS LOST.
9. Indemnification & Limitation of Liability. You agree to defend, indemnify and hold 1800Mattress.com and each of its subsidiary, affiliated and related entities, and each of their respective directors, officers, members, shareholders, employees and suppliers (collectively the "1800Mattress.com Parties"), harmless from any and all claims, liabilities, costs and expenses, including reasonable legal fees, arising in any way from your use or misuse of the Site or your breach or violation of the law or of these Terms & Conditions. You agree that the 1800Mattress.com Parties shall not have any liability to you under any theory of liability or indemnity in connection with your use of the Site. You hereby release and forever waive any and all claims you may have against the 1800Mattress.com Parties for losses or damages you sustain in connection with your use of the Site. IN NO EVENT SHALL THE 1800Mattress.com PARTIES BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, PROGRAMS OR DATA), RESULTING FROM ACCESS TO, USE OF, OR INABILITY TO USE THE SITE, OR DUE TO ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION VIA THE INTERNET, EVEN IF THE 1800Mattress.com PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER ARISING UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.
10. Applicable Laws. These Terms & Conditions shall be governed by and construed in accordance with the laws of the State of New York without regard to principles of conflicts of laws. All proceedings relating to the Site or these Terms & Conditions shall be brought in the state or federal courts located in the State of New York and you hereby irrevocably consent to the personal and exclusive jurisdiction of such courts. 1800Mattress.com controls and operates this Site from its offices in New York in the United States of America. 1800Mattress.com does not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access this Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent applicable.
11. General. You agree that regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to use of the Site or the Terms & Conditions must be filed by you within one (1) year after such claim or cause of action arose or be forever barred. Should any provision of these Terms & Conditions be held to be void, invalid, unenforceable or illegal by a court of competent jurisdiction, the remaining provisions hereof shall remain in full force and effect. The waiver of any breach or default of these Terms & Conditions will not constitute a waiver of any subsequent breach or default, and will not act to amend or negate the rights of the waiving party. These Terms & Conditions constitute the complete agreement of the parties with respect to the subject matter hereof, and supersede all prior agreements and understandings in relation thereto.