Terms & Conditions

Terms of Use

Updated: May 24, 2018

ACCEPTANCE OF TERMS

By accessing or using any part of Mattress Advisor or the services provided on it as set forth below (collectively, the “Services”), you agree to accept and comply with the terms, conditions, and notices stated herein and as may be modified by Mattress Advisor from time-to-time without notice to you (the “Terms of Use”). These Terms of Use constitute a binding contract between Mattress Advisor and you. You are responsible for regularly reviewing the Terms of Use. If you do not wish to be bound by these Terms of Use, please do not access or use any part of Mattress Advisor.

GENERAL USE OF MATTRESS ADVISOR

Unless specified otherwise, Mattress Advisor offers you access to Mattress Advisor solely for your personal and non-commercial uses. You agree to only access or use Mattress Advisor only for legal purposes that are permitted by the Terms of Use. Among other things, you agree not to:

• 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.

You agree that Mattress Advisor may in its sole discretion and at any time terminate your access to and use of Mattress Advisor, or any part thereof, with or without notice. You further agree that use of Mattress Advisor and any of its Services shall be immediately terminated if you violate these Terms of Use. In addition, Mattress Advisor reserves the right, in its sole discretion, to modify or discontinue the Services or any portion thereof, with or without notice, and without liability to you.

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 via emailing questions@mattressadvisor.com.

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.

If you submit any products, concepts, ideas, images, photographs, descriptions or other materials (each, a “Submission”), you acknowledge, understand and agree that Mattress Advisor is under no obligation whatsoever to review, consider, publish, develop, sell or otherwise use your Submission, or to develop, continue to develop or otherwise produce any product or any other material or content, whether or not involving your or anyone else’s Submission or otherwise.

By making a Submission, you represent and warrant that you have read, understand and shall follow these Terms of Use.

You understand, acknowledge and agree that upon your submission of the Submission to Mattress Advisor, that the Submission materials become the property of Mattress Advisor and Mattress Advisor shall not have any obligation to return or account to you for any Submissions you submit to Mattress Advisor, that Mattress Advisor is not under any obligation to provide you with any compensation or credit (verbal or written) for the Submission and/or Mattress Advisor’s use of the Submissions.

You represent and warrant that the Submission is your original creation, there are no adverse claims in or to the Submission and the Submission does not violate any copyright, patent (including design patent), trademark, trade name, or the rights of any third party, and is not otherwise unlawful.

You acknowledge that other persons may have submitted photographs, ideas, concepts, products or other material to Mattress Advisor, may have made public, or may originate, submit or make public, material similar or identical to any materials, proposals, suggestions, concepts and the like relating to your Submission.

You acknowledge both that Mattress Advisor receives numerous submissions of similar, equivalent or even identical content, products, information or material from many parties and/or may have already developed and/or considered similar or identical concepts to those contained in the Submission and that Mattress Advisor’s review of the Submission is not an admission of novelty, priority or originality.

You understand and agree you will not be entitled to any compensation because of the use of, or because of the manner associated with, any content, information or material that is similar, equivalent or even identical to the content, information or material relating to your Submission.

Even if you subsequently see or learn of a product which appears to incorporate any idea or concept or include anything similar to that contained in the Submission that you or anyone else submits to Mattress Advisor (“Other Product”), you agree that Mattress Advisor shall have no obligation to you with respect to any such Other Product.

You will not assume or infer that your Submission has been accepted, produced or otherwise used.

You acknowledge, understand and agree that (a) there does not now exist, nor has there ever existed, nor will there exist, a fiduciary or confidential relationship between you and Mattress Advisor and that the Submission is not being submitted in confidence or in trust, nor are you an agent nor acting on behalf of or as a representative of Mattress Advisor in connection with the Submission; (b) you are making this submission on a voluntary and unsolicited basis; (c) you have not agreed to this disclaimer in reliance upon any representation or promise, whether written or oral; (d) you acknowledge that you will be required to execute a formal agreement with Mattress Advisor in the event that Mattress Advisor intends to use your Submission.

Mattress Advisor is committed to maintaining the privacy and security of any and all such information that you provide to Mattress Advisor in accordance with its Privacy Policy.

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.

General Terms

APPLICABLE LAW

This Terms of Use is governed by the laws of the State of North Carolina without regard to conflicts of laws principles. You hereby consent to the exclusive jurisdiction and venue of courts sitting in North Carolina, County of Wake, in all disputes arising out of or relating to accessing or using of Mattress Advisor. Access or use of Mattress Advisor is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Mattress Advisor as a result of the Terms of Use or accessing or using Mattress Advisor. Mattress Advisor’s performance under the Terms of Use is subject to existing laws and legal process, and nothing contained in the Terms of Use is in derogation of Mattress Advisor’s right to comply with governmental, court and law enforcement requests or requirements relating to your access or use of Mattress Advisor or information provided to or gathered by Mattress Advisor with respect to such use.

INTERPRETATION OF THE TERMS OF USE

If any part of the Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations contained herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect. Unless otherwise specified herein (or in any other definitive written agreement between you and Mattress Advisor), the Terms of Use constitutes the entire agreement between you and Mattress Advisor with respect to Mattress Advisor and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Mattress Advisor with respect to Mattress Advisor. A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

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.

INDEMNIFICATION

YOU AGREE TO INDEMNIFY AND HOLD MATTRESS ADVISOR, ITS THIRD-PARTY VENDORS, CORPORATE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS HARMLESS FROM ANY AND ALL CLAIMS AND DEMANDS, INCLUDING, BUT NOT LIMITED TO REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD-PARTY DUE TO OR ARISING OUT OF ANY CONTENT, SUBMITTED, POSTED, OR OTHERWISE PROVIDED BY YOU TO MATTRESS ADVISOR/OR ITS THIRD PARTY ADVERTISERS AND ANY BREACH BY YOU OR YOUR AFFILIATES, EMPLOYEES, AGENTS AND REPRESENTATIVES OF THESE TERMS OF USE.

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.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF MATTRESS ADVISOR, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING MATTRESS ADVISOR.

COPYRIGHT

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

1122 Oberlin Road

Raleigh, NC 27707

questions@mattressadvisor.com