Updated: May 24, 2018
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 via emailing firstname.lastname@example.org.
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.
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.
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
1122 Oberlin Road
Raleigh, NC 27707