Updated: October 30, 2017
Acceptance of Terms
General Use of Mattress Advisor
- except with the express written permission of Mattress Advisor, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, use on any other website, transfer or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from Mattress Advisor, including without limitation, engaging in the practices of “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information;
- damage, disable, overburden, or impair Mattress Advisor or interfere with any other party’s use and enjoyment of Mattress Advisor;
- obtain or attempt to obtain any materials or information through any means not made readily accessible by Mattress Advisor;
- except with the express written permission of Mattress Advisor, access or attempt to access password protected, secure or non-public areas of Mattress Advisor.
Mattress Advisor grants you a non-exclusive, limited license, revocable at our discretion, for you to link to the Mattress Advisor home page or other Mattress Advisor posts from any site you own or control that is not commercially competitive with Mattress Advisor and does not criticize or otherwise injure us, so long as the site where the link resides, and all other locations to which such site links, comply with all applicable laws and do not in any way abuse, defame, stalk, threaten or violate the rights of privacy, publicity, intellectual property or other legal rights of others or, in any way, post, publish, distribute, disseminate or facilitate any inappropriate, infringing, defamatory, profane, indecent, obscene or illegal/unlawful information, topic, name or other material or that violates the spirit of our mission.
The Services provided through Mattress Advisor may also be located on third party websites or applications, via a link, click-through advertising, or otherwise. Nothing contained in any of these Services is an offer or promise by Mattress Advisor to sell a specific product for a specific price or that any advertiser will sell any product or service for any purpose or price or on any specific terms. In addition, Mattress Advisor does not make any representation or warranty with respect to such third party Services, and is not responsible for their accuracy, sufficiency, veracity, completeness, or timeliness. You are responsible for confirming the sufficiency and reliability of any third party Services, and you hereby release Mattress Advisor from any and all claims, demands, liability and damages (actual or consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with your use of such Services.
Please note that you may be subject to additional and/or different terms, conditions, and privacy policies when you use third party Services, Content (as defined below), software or sites.
Content Contained in Mattress Advisor
Mattress Advisor and its contents including, but not limited to, all information, text, messages, images, photos, illustrations, designs, icons, video clips, sounds, files, trademarks, copyrighted material, trade dress, software, specifications, catalogs, literature, technical information, advertisements and other content or materials on Mattress Advisor (collectively, “Content”) is owned by Mattress Advisor and/or third parties with all rights reserved unless otherwise noted. Mattress Advisor grants you a limited license to access and use Mattress Advisor and Content solely for informational, personal and non-commercial purposes (including printing individual pages from Mattress Advisor provided that you retain all copyright and other proprietary notices contained thereon). You are strictly prohibited from downloading (other than page caching), modifying, or making any other use of Mattress Advisor or Content, except with express written consent of Mattress Advisor. You understand that all third party Content posted on, transmitted through, or linked from Mattress Advisor, is the sole responsibility of the third party originator of such Content. Content is provided through the Mattress Advisor AS IS, and you agree that the use of and reliance on any Content is at your own risk, and that under no circumstances shall Mattress Advisor be liable for any Content or for any loss or damage of any kind incurred as a result of the use of any Content made available via the Services.
Some materials, unless otherwise noted, were taken from the Internet and are assumed to be in the public domain. In the event that there is still a problem or error with copyrighted material, the break of the copyright is unintentional and noncommercial and the material will be removed immediately upon presented proof by contacting us through our contact form.
You acknowledge that Mattress Advisor does not screen or approve third-party Content, and that Mattress Advisor shall have the right (but not the obligation) in its sole discretion to refuse, modify, delete or move any Content that is available via Mattress Advisor, for any reason.
Content You Provide
To the extent that you post, upload, input, submit or otherwise transmit (collectively, “Transmit” or “Transmitting” as appropriate) Content on or through Mattress Advisor, you agree to provide true, accurate and complete information and to refrain from impersonating or falsely representing your affiliation with any person or entity. You are entirely responsible for all Content that you provide or otherwise make available via Mattress Advisor. You also warrant and represent that you own or otherwise control all of the rights to such Content including, without limitation, all the rights necessary for you to Transmit such Content, and to transfer your or others’ interests in such Content to Mattress Advisor as provided below.
You promise that you will not use the Mattress Advisor to:
- Transmit any Content
- not related to appropriate subject matters;
- which is misleading to others, including consumers;
- that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- that you do not have a right to post and transmit under any law or under contractual relationships;
- such that such posting, uploading, or transmission constitutes the infringement of any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- and materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
- intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law, including the Civil Rights Act of 1866, the Fair Housing Act, the Americans with Disabilities Act, and the Equal Credit Opportunity Act.
By Transmitting Content to Mattress Advisor, you grant, and you represent and warrant that you have the right to grant, to Mattress Advisor an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute the Content and to prepare derivative works of, or incorporate into other works, the Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of Mattress Advisor, you grant Mattress Advisor all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on Mattress Advisor by any party for any purpose.
Any content placed on any discussion area are the views of the user posting the statement, and do not represent the views of Mattress Advisor.
Connecting to Mattress Advisor via a Mobile Device
Mattress Advisor may include certain Services that may be available via your mobile device, including without limitation, the ability to upload to the Website via your mobile device, the ability to receive and reply to messages and to send content and messages using text messaging, and the ability to access the Website from your mobile device (collectively, the “Mobile Services”). Mattress Advisor does not currently charge for Mobile Services. Your carrier’s normal messaging, data and other rates and fees will, however, still apply. You should check with your carrier to find out what plans are available and how much they cost.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF AND RELIANCE UPON MATTRESS ADVISOR, SERVICES AND/OR CONTENT IS AT YOUR SOLE RISK AND IS MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. MATTRESS ADVISOR MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH REGARD TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF MATTRESS ADVISOR, SERVICES AND/OR CONTENT. MATTRESS ADVISOR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Limitation of Liability
IN NO EVENT SHALL MATTRESS ADVISOR BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF MATTRESS ADVISOR, WITH THE DELAY OR INABILITY TO ACCESS OR USE MATTRESS ADVISOR OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY CONTENT, SOFTWARE, PRODUCTS AND SERVICES MADE AVAILABLE OR OBTAINED THROUGH MATTRESS ADVISOR, OR OTHERWISE ARISING OUT OF THE USE OF MATTRESS ADVISOR, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MATTRESS ADVISOR HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. ANY SERVICES OR CONTENT MADE AVAILABLE OR OBTAINED THROUGH THE USE OF MATTRESS ADVISOR, AND ALL OTHER USE OF MATTRESS ADVISOR, IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS THEREFROM.
All materials on Mattress Advisor (as well as the organization and layout of Mattress Advisor) are owned and copyrighted or licensed by Mattress Advisor, its corporate affiliates or its third-party vendors. No reproduction, distribution, or transmission of the copyrighted materials on Mattress Advisor is permitted without the written permission of Mattress Advisor. Any rights not expressly granted herein are reserved.
Pursuant to Title 17, United States Code, Section 512, notifications of claimed copyright infringement should be sent to Mattress Advisor’s Designated Agent set forth below. All inquiries must be filed in accordance with Title 17, United States Code, Section 512.
Legal Department, Mattress Advisor, LLC
1122 Oberlin Road
Raleigh, NC 27707
Updated: October 30, 2017
What Information is Collected From Me?
Information from Cookies: Cookies are small files that we or others send to and store on or with your computer so that your computer, browser, mobile app or other application can be recognized as unique the next time you access, visit, use or otherwise take advantage of the Sites or other media. Cookies may also reflect demographic data pertaining to you or other data linked to information you submit. One use or consequence of cookies is to enable you to receive customized ads, alerts, content, services or information. You are always free to decline any cookies we use by adjusting the settings of your browser, as your browser may permit; however, some products, services or features might not be available or operate properly if cookies are not enabled. Some of our advertisers and third-party service providers may also utilize their own cookies. In addition, we, our service providers and others sometimes use “web beacons” or “clear GIFs.” These perform statistical and administrative functions, such as ascertaining and measuring site and page traffic, verifying advertising paths, better understanding user interests and activity, gathering related information (such as information relating to a particular browser, device or I.P. address) and positioning images, and typically do so without detracting from your online experience. Web beacons and clear GIFs are not necessarily designed to collect Personal Information. In addition, if you have provided your email address, we might use a non-human unreadable form (or “hash”) of your email address to deliver, or facilitate delivery of, relevant advertisements and information to you on or by way of the Sites or on or by way of other Web sites or media, including, for example, popular social media sites and features.
Information Sharing Disclosure – How Is Information About Me Used and Shared?
The use of information about you depends on the context in which it is collected. Therefore, pay special attention to the categories below that relate to the features of the Sites that you wish to utilize.
We may share the Personal Information we collect from you with your consent or under the following circumstances or understandings.
User-Requested Services and Information: Certain features, products or services on or of our Sites may seek or obtain Personal Information from or about you, which may be used in the following ways:
- We may use other companies and individuals (1) to perform supporting functions for the various tools, functionality, information, products and services offered through our Sites on our behalf, (2) to perform or support various tasks or initiatives instrumental to the business of, or related to operating or improving, the Sites or (3) to assist us in testing, maintaining or improving the features, content or effectiveness of the Sites or in performing research or development. These service providers may be permitted to receive from us and use information collected from you but will not be authorized by us to use Personal Information for any other purpose other than in connection with performing the support functions for Mattress Advisor or such other tasks, initiatives or assistance for or expressly permitted by Mattress Advisor.
User-Initiated Communication: From time to time, portions of the Sites may enable you to send email and other types of messages to us or to third parties and to participate in bulletin boards and discussion groups. All such emails and messages, and all such postings to bulletin boards and discussion groups, become our property once you submit them. Your computer’s Internet Protocol (IP) address may be included in any email that you send, whether to us or to third parties. Whenever you choose to initiate these kinds of communication with us, or anyone else, you may be contacted in return. Also, remember that our bulletin boards and discussion groups are open to the public, and, therefore, your postings can be seen by anyone and are not protected by us or any other entity. Please use your own discretion when deciding whether and what to post and whom to contact. We reserve the right, in our sole discretion, to edit or delete postings from our bulletin boards and discussion groups. This reservation of rights shall not under any circumstances obligate us to conduct such edits or deletions, nor shall it cause us to be liable for any such edits or deletions.
Leads and Referrals. If you participate in or inquire about any lead, referral or similar service we may offer:
- We may use the information you submit, as well as other data we might have or obtain ourselves or from other sources (for example, based on or related to such information), to determine which of our participating Professional(s) may be willing, able and/or compatible to serve your needs or possible interests and to assist them or others in doing so. We may forward or share information relating to you, which may include such information as well as Personal Information obtained through our sign-up form or otherwise, to certain Professional(s), which may sometimes include multiple Professionals (such as in cases where a given Professional has a marketing or business relationship with one or more other Professionals and designates them to receive such information, or in cases where the nature of a product, service or feature offered on or through a Site is designed to involve participation by multiple Professionals). Those Professionals or their affiliates, contractors, advertisers, agents or other designees may use such information and contact you regarding your needs or possible interests, as may we ourselves. The following paragraph applies only to Professionals; others may not infer any commitments or assurances from such following paragraph.
Asset transfers: We continue to develop our business and in doing so might choose to buy or sell, or expand or otherwise restructure (e.g., by way of joint ventures) with respect to, businesses or assets. Personal Information and other information we collect from you is generally one of the assets acquired, transferred otherwise shared or affected in connection with such transactions.
Registration Information: The Personal Information you provide when you become a registered user or customer of one of the Sites is used primarily to help us customize or enhance your or others’ online experience, increase the convenience of accessing new or existing tools, products and services, and, if applicable, provide the information, features, products and/or services you purchase or request. This Personal Information may also be shared among the Sites to make use of the Sites more convenient by, for example, limiting the number of times you have to register with us. Your email address serves as a unique identifier in our record system, and together with your password is designed to help us prevent unauthorized access to information you choose to store on the Sites. The data you give us about your personal preferences and demographics (e.g., your age, ZIP code, occupation or the like), as well as other information we might have or obtain ourselves or from other sources (for example, based on or related to such data), may be used to help us offer content, advertisements, products, and services that we believe will be of interest to you. In addition, we may share this information, in aggregate or other protected form (see “Information You Give Us,” above) or under confidentiality terms, with our current and potential advertisers and service providers so that they, or we, can present and deliver advertisements more effectively. If you forget your password for any registered area of the Sites, we have an automated password recovery system, which can be accessed by clicking on the “Forgot Password?” link on the sign-in page.
- Consumers: Unless you specify that you would prefer not to hear from us, we may use the email address and other information (including Personal Information) you provide at the time of registration to contact you for promotional or other purposes. You may have promotional email communications terminated at any time by opting out through your member profile on the applicable Site, or by clicking on any “unsubscribe” link contained in a promotional email. Please be aware that opting out on one of our Sites, does not opt you out from any of our other Sites unless that option is specifically provided. If you would like to request to opt out with respect to all of the Sites, you will have the ability to do so on our communications (linked out in the footer of the communication). The following paragraph applies only to Professionals; others may not infer any commitments or assurances from such following paragraph.
Special Messaging Consent
By submitting a request or inquiry about (or a request or inquiry for information about), or a request or authorization to be contacted about, real estate-, moving-, neighborhood-, mortgage-, credit-, care- or home-related products, services, offerings, procedures, details or matters you are providing to Mattress Advisor’s associated advertisers, lead customers (e.g., lead or referral service customers), subscribers and Professionals (each, a “Provider”), and to Mattress Advisor, your consent to be contacted for marketing, informational and related purposes in connection with such request, authorization or inquiry by one or more Providers and by Mattress Advisor by telephone device (including, but not limited to, being contacted on a recorded line and potentially by use of automated dialing systems and artificial or prerecorded voice messaging), email, mail or otherwise, based on the phone number, email address and/or other data you have provided. This consent applies even if your phone number, email address or other data is on a corporate, federal, State, local or other do-not-contact type of list or directory (such as the U.S. National Do Not Call Registry). You are not required to consent to receiving autodialer calls, or to otherwise provide this consent, as a condition of purchasing any products or services from Providers or Mattress Advisor. You agree that your submitted request, authorization or inquiry (as described above) acts as your electronic signature for this consent. You acknowledge that for text, SMS, calls and other electronic messages that message and data rates (for example, from your network provider) may apply.
Children’s Privacy: Our Sites are general audience Web sites and media. If you are under the age of 13 you should not register or provide information on our Sites. We do not collect Personal Information from any person we actually know is a child under the age of 13. If you have knowledge that a child under the age of 13 has submitted Personal Information to us, please contact us.
How Can I Access and Change Personal Information?
If you would like us to no longer use or share with our affiliates, partners or other service providers, Personal Information we may gather from you to market information to you, please send a request via our contact form. We will take reasonable steps to comply with your instructions. We are not responsible for the acts or omissions of our affiliates, partners or other service providers.
How Is Personal Information Protected?
Online Behavioral Advertising (OBA) – Information
Effective Date and Modifications
Legal Department, Mattress Advisor
1122 Oberlin Road
Raleigh, NC 27605