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Thank you for shopping at mattress.com™. By using our web site
(the "Site"), you indicate your unconditional acceptance of these conditions of use. Dial A
Mattress Operating Corp.
dba 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.
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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.
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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
Dial A Mattress Operating Corp. dba 1800Mattress.com®.
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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.
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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.
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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.
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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:
Dial A Mattress Operating Corp. dba 1800Mattress.com ® - 31-10 48TH
Avenue, Long Island City NY 11101, Attn: Legal Department -
Copyright Infringement
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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.
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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
We are concerned about privacy matters for our
customers. Please review our Privacy Notice
, which also governs your visit to our Site.
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.
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.
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.
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