Thank you for shopping at mattress.com™. By using our web site (the "Site"), you indicate your unconditional acceptance of these conditions of use.

    1800Mattress.com® ("1800Mattress.com", "we" or "us") maintains this web site as a service to our customers and other interested parties. These Conditions of Use are further subject to change at any time without prior notice and we encourage you to review them whenever you use this Site.

    ACCURACY OF CONTENT; FUTURE MODIFICATIONS; LIMITATIONS ON QUANTITY

    This Site may contain typographical errors, pricing errors, and other errors or inaccuracies, and may not be complete or current. 1800Mattress.com® therefore reserves the right to correct any errors, inaccuracies or omissions; to revoke any stated offer; and to make changes to prices, promotion offers, product descriptions, or other information at any time without prior notice (including after an order has been submitted and/or acknowledged). We also reserve the right to limit quantities (including after an order has been submitted and/or acknowledged). If you have received the wrong merchandise due to an error, your only remedy is to return it in an unused condition and its original packaging and receive the correct merchandise. If the correct merchandise is not available, you will be given the option of selecting another product of the same value or receiving a refund of your original purchase price.

    INTELLECTUAL PROPERTY RIGHTS

    All content, including but not limited to images, illustrations, designs, icons, photographs, graphics, code and software, and written and other materials that are part of this Site (collectively, the "Contents") used on or incorporated into this Site, are subject to copyrights, trademarks, trade dress and/or other intellectual property owned by or licensed to 1800Mattress.com®, and all rights thereto are specifically reserved. Permission is granted to electronically copy and print hard copies of pages from this Site solely for personal, non-commercial purposes related to the placement of an order or shopping on the Site. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading or copying. Except as noted above, you may not reproduce, publish, distribute, display, transmit, modify, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. Any other use of this Site or content or information contained in this Site is strictly prohibited, unless the written permission of 1800Mattress.com® is first obtained. 1800MATTRESS®, 1800MATTRESS.COM®, DIAL A MATTRESS®, SLEEP CONSULTANTS®, LEAVE OFF THE LAST “S” FOR SAVINGS®, 1800SUCOLCHON®, HOW DID YOU SLEEP LAST NIGHT?®, SLEEP HAPPILY EVER AFTER®, THE BEDDING CONSULTANTS®, CALL CLICK COME IN (and Design)® , and MATTRESS MENU® are registered trademarks of 1800Mattress.com IP, LLC.

    INDEMNIFICATION

    By using this Site, you agree to indemnify, hold harmless and defend 1800Mattress.com® and their respective officers, directors, employees, shareholders, designees, representatives, successors, agents, subsidiaries, partners, contractors, vendors, manufacturers, and affiliates for all claims, losses, damages and expenses, including reasonable attorney’s fees, whether in house or outside counsel, incurred in connection with any action, suit, proceeding, claim, demand, investigation, or formal or informal inquiry (regardless of whether same is reduced to judgment) or any settlement thereof resulting directly or indirectly from a claim (including without limitation, claims made by third parties for infringement of intellectual property rights), which arises out of or is based upon your alleged violation or breach of these Conditions of Use, and/or in connection with your use of this Site. You agree to cooperate as fully as reasonably required in the defense of any claim. 1800Mattress.com® reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

    LINK TO OTHER WEB SITES

    This Site may contain links to other websites or you may arrive to our Site through other websites. All these other web-sites are independent from 1800Mattress.com®. 1800Mattress.com® has no responsibility for the linked websites nor does it necessarily endorse the linked websites. 1800Mattress.com® is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to access any other web sites linked to this Site, you do so at your own risk.

    FRAUD

    1800Mattress.com® actively reports and prosecutes actual and suspected credit card fraud.

    1800Mattress.com® may require further authorization from you such as a telephone confirmation of your order and/or other information. Our decision to require further authorization is at our sole discretion. 1800Mattress.com® reserves the rights to cancel, delay, refuse to ship, report to any governmental authority, or recall from the shipper any order if fraud is suspected.

    1800Mattress.com® captures certain information during the order process, including time, date, and other information that will be used to locate and identify individuals committing fraud. If any 1800Mattress.com® order is suspected to be fraudulent, all records will be submitted with or without a subpoena to all law enforcement agencies and to the credit card company for fraud investigation. 1800Mattress.com® will cooperate with the authorities to prosecute offenders to the full extent of the law.

    COPYRIGHT INFRINGEMENT

    If you believe that materials on this Site constitute copyright infringement, please notify 1800Mattress.com® and provide the information specified below:

    • Your name, address, telephone number, and e-mail address;
    • An electronic or physical signature of the owner of the copyright or the person authorized to act on his/her behalf;
    • A description of the copyrighted work that allegedly has been infringed;
    • A description of where the material that you claim is infringing is located on the Site, along with where an authorized version can be obtained;
    • Your name, address, telephone number, and e-mail address;
    • A good-faith belief statement that the materials are infringing;
    • A statement made under penalty of perjury by the owner of the copyright or other person authorized to act on the owner's behalf that: 1) the signer is the lawful copyright owner or that he/she is authorized to act on the owner's behalf; 2) and that the notice is accurate.

    The above information must be mailed to: 1800Mattress.com ® - 1000 South Oyster Bay Road, Hicksville, NY 11801, Attn: Legal Department - Copyright Infringement

    DISCLAIMER OF WARRANTY

    BY USING THIS SITE, YOU ACKNOWLEDGE THAT YOUR USE IS AT YOUR SOLE RISK. 1800MATTRESS.COM® PROVIDES THE MATERIALS ON THIS SITE "AS IS" AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. 1800MATTRESS.COM® EXPRESSLY DISCLAIMS ANY DUTY TO UPDATE OR REVISE THE MATERIALS ON THIS SITE, ALTHOUGH 1800MATTRESS.COM® MAY ALTER, SUSPEND, OR DISCONTINUE THIS SITE IN WHOLE OR IN PART, AT ANY TIME AND FOR ANY REASON, WITHOUT NOTICE OR COST. THE SITE MAY PERIODICALLY BECOME UNAVAILABLE DUE TO MAINTENANCE OR MALFUNCTION OF COMPUTER EQUIPMENT OR FOR OTHER REASONS. YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THIS SITE. YOU FURTHER ACKNOWLEDGE THAT 1800MATTRESS.COM® SHALL NOT BE LIABLE FOR ANY DAMAGES OR ANY KIND RELATED TO YOUR USE OF THIS SITE.

    ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, VENDORS AND SUPPLIERS, IF ANY. 1800MATTRESS.COM® HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS SITE. 1800MATTRESS.COM® EXPRESSLY DISCLAIMS ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, WHICH CLAIMS ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, AND PRODUCT MODIFICATION.

    LIMITATION OF LIABILITY

    EXCEPT AS OTHERWISE PROVIDED UNDER APPLICABLE LAWS, NEITHER 1800MATTRESS.COM® NOR ITS AFFILIATES, NOR THE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, DESIGNEES, REPRESENTATIVES, AGENTS, CONTRACTORS, SUCCESSORS, SUBSIDIARIES, PARTNERS, OR ASSIGNS OF EACH, SHALL BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO THE USE OF THIS SITE OR ANY OTHER WEB SITE LINKED TO THIS SITE, OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE. THIS LIMITATION OF LIABILITY APPLIES TO DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR OTHER DAMAGES YOU OR OTHERS MAY SUFFER, AS WELL AS DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION OR THE LOSS OF DATA OR INFORMATION, WHETHER FORESEEABLE OR NOT, EVEN IF 1800MATTRESS.COM® IS NOTIFIED IN ADVANCE OF THE POTENTIAL FOR ANY SUCH DAMAGES. IN NO EVENT SHALL 1800MATTRESS.COM’S TOTAL LIABILITY (OR THE TOTAL LIABILITY OF ANY THIRD PARTY PROVIDING INFORMATION ON THIS SITE) TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE, EXCEED ONE DOLLAR (U.S. $1.00).

    YOU HEREBY ACKNOWLEDGE THAT THE PRECEDING PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE AND SERVICES AVAILABLE THROUGH THE SITE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

    PRIVACY ISSUES

    We are concerned about privacy matters for our customers. Please review our Privacy Notice, which also governs your visit to our Site.

    SITE POLICIES, MODIFICATION, AND SEVERABILITY

    Please review our other policies, such as our return/comfort exchange policy posted on this Site. These policies also govern your visit to mattress.com™/1800Mattress.com®. We reserve the right to make changes to our Site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

    TERMINATION OF USE

    1800Mattress.com® may, in its sole discretion, terminate or suspend your use or access to all or part of the Site, for any reason, including without limitation, breach of these Conditions of Use. If at any time, 1800Mattress.com® notifies you that your access to and /or use of the Site is terminated, you must cease and desist from all such access and/or use immediately. Upon any termination of these Conditions of Use by either you or 1800Mattress.com®, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the Conditions of Use or otherwise. In the event these Conditions of Use are terminated, the restrictions regarding intellectual property matters, the representations and warranties, indemnities, and limitations of liabilities set forth herein, as well as any other of your obligations which by their nature should survive termination, will survive termination.

    JURISDICTIONAL ISSUES

    1800Mattress.com® makes no representation that information on this Site is appropriate or available for use outside the United States. If you choose to access this Site from outside the United States you do so at your own initiative, and will be responsible for compliance with local laws, if and to the extent local laws are applicable.

    ENFORCEMENT OF TERMS OF USE

    These Conditions of Use and any dispute of any sort that might arise between you and 1800Mattress.com® or its affiliates, partners or subsidiaries will be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. Any action brought to enforce these Conditions of Use or matters related to the Site will be brought in either the State or Federal Courts of the State of New York and the venue for any such action shall lie in a court of competent jurisdiction located in the county of Nassau, State of New York; you consent to the jurisdiction of such courts and irrevocably waive any objection, including without limitation any objection to the laying of venue or based on the grounds of forum non conveniens, which you may now or hereafter have to the bringing of any such action or proceeding in such jurisdiction. Any claim or cause of action you have with respect to use of the Site must be commenced within one (1) year after the claim arises.

    SEVERABILITY

    If any part of these Conditions of Use is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

    YOUR SUBMISSIONS

    1800Mattress.com® does not want to receive confidential, proprietary, or trade secret information through this Site, unless related to any order you submit. Please note that any information, materials, suggestions, ideas, or comments sent to Mattress.com™ and/or 1800Mattress.com® will be deemed non-confidential, and, by submitting any such information, you are granting 1800Mattress.com® an irrevocable and unrestricted license to use, modify, reproduce, transmit, display, and distribute such materials, information, suggestions, ideas, or comments for any purpose whatsoever. Please know, however, that we will not use your name in connection with any such materials, information, suggestions, ideas or comments unless we first obtain your permission or otherwise are required by law to do so. If you have any questions concerning an email submission, please contact us.

    ENTIRE AGREEMENT

    These Conditions of Use constitute the entire agreement between the parties relating to the subject matter herein. 1800Mattress.com® may, at its sole discretion and without notice, revise these Conditions of Use or any other policy and/or posting at any time by updating the Site.

    FOR ADDITIONAL INFORMATION

    For more information please contact us.

    Updated as of May 17, 2010