Terms Of Use

TERMS OF USE AND AGREEMENT

1. General
“Best Mattress Buys” operates this Internet Website to provide online access to information about Best Mattress Buys Services, Press Releases, The Mattress and Custom Mattress industry as a whole, The Furniture and Custom Furniture industry as a whole, Trade Shows, Events, Manufacturers, Products, Parts, Services, Other Opportunities and Advertisements that we may offer from time-to-time or continuously provide. By accessing and using Best Mattress Buys Website, you mutually agree to each of the terms and conditions set forth herein (hereinafter “Terms of Use”). Additional terms and conditions applicable to specific areas of this Website or to particular content or transactions may also be posted in particular areas of Best Mattress Buys Website and, together with these Terms of Use, govern your use of those areas, content or transactions. These Terms of Use, together with applicable additional terms and conditions, are referred to as the “Agreement”. Best Mattress Buys reserves the sole right to modify the “Agreement” at any time whatsoever without giving you prior notice. Your use of this Website following any such modification constitutes your mutual agreement to follow and be bound by the Agreement as modified at any time whatsoever without notice.

2. Content On This Website
Best Mattress Buys Website includes a combination of content that we create, that our affiliates or partners create, and that our users create. This content includes, among other things, written articles, photos, product reviews, user comments, items for sale, white papers, advertisements and press releases. It also includes information about products and services such as product descriptions, specifications, pricing, availability, delivery and performance. Best Mattress Buys does not guarantee or warrant the accuracy, the integrity, or the quality of the content on its Website, and you may not rely on any of this content. All materials published on this Website, including, but not limited to, written content, photographs, graphics, images, illustrations, marks, logos, sound or video clips, and Flash animation, are protected by our copyrights or trademarks or those of our affiliates or partners.

You shall not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on this Website, in whole or in part, without the expressed written consent from the owner of Best Mattress Buys.

You are solely responsible for all materials, whether publicly posted or privately transmitted, that you upload, post, e-mail, transmit, or otherwise make available (hereinafter “Your Content”) on this Website. You certify that you own all intellectual property rights in Your Content. You hereby grant, free of charge, Best Mattress Buys, its affiliates, and its partners a worldwide, irrevocable, royalty-free, nonexclusive, sub-licensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute, and publish Your Content and subsequent versions of Your Content for the purposes of (i) displaying Your Content on this Website, (ii) distributing Your Content, either electronically or via other media, to users seeking to download or otherwise acquire it, and/or (iii) storing Your Content in a remote database accessible by end users, for a charge. This license shall apply to the distribution and the storage of Your Content in any form, medium, or technology now known or later developed.

Without limitation, Best Mattress Buys shall not be responsible or liable for postings by users in the user opinion, comments, message board, forum, feedback sections or its third-party affiliates and partners of its Website. You may be exposed to content that you find offensive, indecent, sexist, racists or objectionable or that is inaccurate, and you bear all risks associated with viewing or using that content. Best Mattress Buys has the sole right, but not the obligation, to remove any content that may, in our sole discretion, violate these Terms of Use or that is otherwise objectionable.

3. Copyright
Best Mattress Buys Website and the Content are protected by U.S. and/or foreign copyright laws, and all rights belong to Best Mattress Buys or its partners, affiliates, contributors or third parties. The copyrights in the Content are owned by Best Mattress Buys or other copyright owners who have authorized their use on the Website or whom may have been given credit. You may download and reprint Content for non-commercial, non-public, personal use only. In the event that you are browsing this Website as an employee or member of any other business or organization, you may download Content only for educational or other non-commercial purposes within your business or organization, except as otherwise permitted by expressed written consent from Best Mattress Buys. You may not copy, forward, download, manipulate, distribute, or alter, in any way, images or other Content on Best Mattress Buys Website.

4. Trademarks
You are prohibited from using any of the marks, trademarks or logos appearing throughout the Website without the expressed written permission from Best Mattress Buys and the trademark owner, except as permitted by applicable law.

5. Use of Website
You may use the Website, and the information, writings, images and/or other works that you see, hear or otherwise experience on the Website (singly or collectively, the “Content”) solely for your non-commercial, personal purposes or to learn about Best Mattress Buys products offered, its services and its affiliates or its partners products and services. No right, title or interest in any Content is transferred to you, whether as a result of copying or downloading such Content or otherwise. Best Mattress Buys reserves complete title and full intellectual property rights in all Content. Except as expressly authorized by this Agreement, you may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from this Website or the Service, except as expressly permitted by the Terms of Use herein.

Some of the Services may be subject to additional posted conditions. Your use of those Services is subject to those conditions, which are incorporated into these Terms of Use by reference. In the event of an inconsistency between these Terms of Use and any additional posted conditions, the provisions of the additional conditions shall control and take precedence. Best Mattress Buys has the sole right, but not the obligation, to take any of the following actions at its sole discretion, at any time, and for any reason without giving you any prior notice:
1. Restrict, suspend, or terminate your access to all or any part of its Services;
2. Change, suspend, or discontinue all or any part of its Services;
3. Refuse, move, modify or remove any material that you submit to its Website for any reason;
4. Refuse, move, modify or remove any content that is available on its Website;
5. Deactivate or delete your accounts and all related information and files in your account;
6. Establish general practices and limits concerning use of its Website without notice.

By your use of the Website, you hereby mutually agree that Best Mattress Buys shall not be liable to you or any third party for taking any such actions. You understand and agree that our Services may include communications such as new postings, photographs, illustrations, advertisements, service announcements and administrative messages from us or from our partners and that these communications are considered part of the Services. You will be able to opt out of receiving these messages by notifying Best Mattress Buys via confirmed email.

6. Your Conduct on Website
If Best Mattress Buys requests registration information from you; you shall provide true, accurate, current, and complete information. You shall promptly update your registration to keep it accurate, current, and complete. If Best Mattress Buys issues you a password, you may not reveal it to anyone else and you may not use anyone else’s password. You are solely responsible for maintaining the confidentiality of your accounts and passwords. You agree to immediately notify us of any unauthorized use of your passwords or accounts or any other breach of security. You also agree to exit or logout from your account(s) at the end of each session. Best Mattress Buys shall not be responsible for any loss or damage that may result if you fail to comply with these requirements.

The technology and the software underlying Best Mattress Buys Website and its Services are the property of Best Mattress Buys, its affiliates, and its partners. You mutually agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying this Website or the Services. You mutually agree not to modify the software underlying this Website in any manner or form or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to this Website.

Without limiting the foregoing, you mutually agree that you will not use Best Mattress Buys Website to take any of the following actions:
1. Defame, abuse, harass, stalk, threaten, or otherwise violate the legal right of others;
2. Publish, post, upload, e-mail, distribute, or disseminate (collectively, “Transmit”) any inappropriate, profane, defamatory, sexist, racist, infringing, obscene, indecent, or unlawful content;
3. Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person’s computer, the Best Mattress Buys Website, or any software, hardware, or telecommunications equipment;
4. Advertise or offer to sell any goods or services for any commercial purpose unless you have Best Mattress Buys expressed written consent to do so;
5. Transmit surveys, contests, pyramid schemes, multi level marketing, spam, unsolicited advertising or promotional materials, or chain letters;
6. Download any file that you know or reasonably should know cannot be legally obtained in such manner;
7. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;
8. Restrict or inhibit any other user from using and enjoying any public area within this Website;
9. Collect or store personal information about other end users;
10. Interfere with or disrupt the Best Mattress Buys Website, servers, or networks;
11. Impersonate any person or entity, including, but not limited to, a Best Mattress Buys representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
12. Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through this Website or to manipulate your presence on this Website;
13. Take any action that imposes an unreasonably or disproportionately large load on our infrastructure;
14. Engage in any illegal activities whatsoever.

You mutually agree to use the Best Mattress Buys comments, bulletin board services, chat areas, news groups, forums, communities, message or communication facilities (collectively, the “Forums”) only to send and receive messages and material that are legal, proper and related to that particular Forum.

If the event that you choose a username that, in our sole discretion, is obscene, indecent, sexist, racist, abusive or that might otherwise subject us to public disparagement or scorn, Best Mattress Buys reserves the sole right, without prior notice to you, to automatically change your username, delete your posts from its Website, deny you access to its Website, or any combination of these options.

Unauthorized access to this Website is a material breach of this Agreement and these Terms of Use and a violation of the law. You mutually agree not to access this Website by any means other than through the interface that is provided by Best Mattress Buys for use in accessing its Website. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of this Website, except those automated means that Best Mattress Buys has expressly approved, in advance, and in writing.

Your use of the Best Mattress Buys Website is subject to existing laws and legal process. Nothing contained in these Terms of Use shall limit your right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of our Website.

7. Registered Password Security
If you register to become a Best Mattress Buys member, you are solely responsible for maintaining the confidentiality of your member identification and password information, and for restricting access to your computer. You hereby mutually agree to accept sole responsibility for all activities that occur under your member identification and password by use of Best Mattress Buys website.

8. Website User Supplied Information
Best Mattress Buys does not want to receive confidential or proprietary information from you via its Website or by email. You mutually agree that any material, information, or data you transmit to us or post to the Website (each a “Submission or collectively “Submissions”) will be considered non confidential and non proprietary and free of copyright(s). For all Submissions, (1) you guarantee to Best Mattress Buys that you have the legal right to post the Submission and that it will not violate any law or the rights of any person or entity, and (2) you give Best Mattress Buys the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display and create derivative works from the Submission, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities or liabilities to you.

9. Unsolicited Idea Submission Policy
Best Mattress Buys nor any of its employees shall not accept or consider unsolicited ideas, including ideas for new advertising campaigns, marketing strategies, new or improved products, technologies, services, processes, materials, parts or new product names. Best Mattress Buys has found this policy necessary in order to avoid misunderstandings should Best Mattress Buys business activities bear coincidental similarities with one or more of the thousands of unsolicited ideas offered to it. Please do not send your unsolicited ideas to Best Mattress Buys or anyone at Best Mattress Buys. If, in spite of our request that you do not send us your ideas, and you still send them, then regardless of what your posting, email, letter, photo, or other transmission may say or contain, (1) your idea will automatically become the property of Best Mattress Buys, without any compensation to you; (2) Best Mattress Buys shall have no obligation to return your idea to you or respond to you in any way; (3) Best Mattress Buys shall have no obligation to keep your idea confidential; and (4) Best Mattress Buys may use your idea for any purpose whatsoever, including giving your idea to others. However, Best Mattress Buys does welcome feedback regarding many areas of Best Mattress Buys existing business that will help satisfy customers’ needs, and feedback can be provided through the many listed contact areas on the Website. Any feedback you provide shall be deemed a Submission under the terms in the User Supplied Information section immediately above.

10. Links to Third-Party Internet Websites, Products and Services
Best Mattress Buys Website contains links to other Internet sites owned by third parties. Links on the Website to Third-Party Internet Websites or information are provided solely as a convenience to you. Best Mattress Buys shall not be responsible for the availability of any such Third-Party Internet Websites. If you use these links, you will leave the Best Mattress Buys Website. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by Best Mattress Buys of the Third-Party, the Third-Party Internet Website, or the Products, Services and Content information contained therein. Your use of any of those Third-Party Internet Websites is subject to the conditions, terms of use, and privacy policy, if any, that each of those Third-Party Internet Websites may have or have posted. Best Mattress Buys has no control over Third-Party Internet Websites that do not belong to Best Mattress Buys and Best Mattress Buys shall not be held responsible or liable for any changes to or content on them.

Best Mattress Buys disclaims any responsibility for or liability related to Third-Party Internet Websites. Your correspondence or related activities with a Third-Party, a Third-Party Internet Website, or their Products, Services and Content, including payment transactions and goods-delivery transactions, are solely between you and that third-party. You agree that Best Mattress Buys shall not be held responsible or liable for any loss, damage or expense of any sort incurred as the result of any of your transactions with a Third-Party, the Third-Party Internet Website, or their Products, Services and Content. Any questions, complaints, or claims related to any product, service or content should be directed to the appropriate third-party vendor or affiliate.

11. Linking to this Website
Unless specifically authorized, in advance, by expressed written consent from Best Mattress Buys, you shall not link or connect “deep links” to the Website, i.e., create links to this Website that bypass the home page or other parts of the Best Mattress Buys Website. You may not mirror or frame the home page or any other pages of this Website on any other website or webpage contained herein.

12. Downloading Files
Best Mattress Buys cannot and does not guarantee or warrant that files available for downloading through its Website will be free of infection by software viruses or other harmful computer code, files or programs.

13. Disclaimers
Best Mattress Buys disclaims and does not guarantee or warrant, expressed or implied, that its Website shall be uninterrupted and error free or that the accuracy and completeness of the content or that any errors in the content will be corrected. Additionally, Best Mattress Buys does not make any guarantee or warranty, expressed or implied, as its Website, the Service and the Content are broadcast, distributed, downloaded, viewed and used on an “AS-IS, AS AVAILABLE” basis. Any material(s) that you download or otherwise obtain through its website is done at your sole discretion and risk, and you shall be solely responsible for any acts and potential damages to your computer system or loss of data that results from your download of any such material(s). Neither Best Mattress Buys nor any of its employees, affiliates or partners guarantee or warranty, expressed or implied, that (i) its or their websites shall meet your requirements, (ii) its or their websites will be uninterrupted, timely, secure, or error free, (iii) the results that may be obtained from the use of its or their websites shall be accurate or reliable, (iv) the quality of any services, products, information, or other material(s) that you purchase or obtain through its or their websites shall meet your expectations, and (v) any errors shall be corrected. Neither Best Mattress Buys nor any of its employees, affiliates or partners makes any guarantee or warranty, expressed or implied, of any kind whatsoever, including without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose, with respect to its or their websites, any content, or any of our combined or not combined services, tolls, products or properties. You mutually and expressly agree that you shall solely assume the entire risk as to the quality and performance of Best Mattress Buys Website and its affiliates or partners’ websites and the accuracy or completeness of their contents.

Best Mattress Buys disclaims any responsibility for the deletion, the failure to store, the misdelivery, or the untimely delivery of any information or material. Best Mattress Buys disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet using search results from its Website. Best Mattress Buys disclaims any responsibility for, and if you subscribe to one of our fee-based services you will not be entitled to a refund as a result of, any service outages that are caused by our maintenance on the servers or the technology that underlies its Website, failures of its service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, acts of god, war, civil disturbance, labor strikes or any other cause beyond our reasonable control.

14. Limitation of Liability
By using Best Mattress Buys Website, you mutually and expressly agree that in no event shall Best Mattress Buys nor any of its employees, users, affiliates, partners or third-party content providers be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages, costs and expenses whatsoever arising from or out of your use or your inability to use our websites, even if we have been advised of the possibility of such damages.

IF YOU ARE DISSATISFIED WITH THE BEST MATTRESS BUYS WEBSITE, THE SERVICE, THE CONTENT, THE AFFILIATES, THE PARTNERS, THIRD-PARTY CONTENT PROVIDERS, THE COMMENTS, THE FORUMS, THE TERMS OF USE, PRIVACY POLICY OR WITH THE AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such states, Best Mattress Buys liability and that of its employees, affiliates, partners and third-party content providers and their respective agents shall be limited to the sum of One United States Dollar (US$1.00).

15. Indemnification
By using Best Mattress Buys Website, you understand and mutually agree that you are personally and solely responsible for your behavior on the Website. You hereby agree to indemnify, defend and hold harmless Best Mattress Buys, its subsidiaries, affiliated companies, joint ventures’, business partners, licensors, employees, agents, and any third-party information or content providers to the Service from and against any and all liability, claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, special, exemplary, punitive and indirect damages), reasonable attorneys’ fees, and court costs resulting from or arising out of your use, misuse, or inability to use the Website, the Service, or the Content, or any violation(s) by you of this Agreement in connection with any claim, including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, or trademark infringement arising out of your use of our websites;
1. Any use or alleged use of your accounts or your passwords by any person, whether or not authorized by you;
2. The content, the quality, or the performance of content that you submit to our sites;
3. Your connection to our websites;
4. Your violation of these Terms of Use; or
5. Your violation of the rights of any other person or entity.

Best Mattress Buys reserves the sole right, at its own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims and to reimburse Best Mattress Buys for any damages, costs, expenses and attorney fees.

16. General Provisions
Entire Agreement/No Waiver. These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by Best Mattress Buys of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. Best Mattress Buys therefore reserves the sole and exclusive right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. Best Mattress Buys does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.

Enforcement/Choice of Law/Choice of Forum. If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of these Terms of Use, all of which will remain in full force and effect. Any and all disputes relating to this Agreement, your use of the Website, the Service, or the Content are governed by, and will be interpreted in accordance with, the laws of the State of Florida, United States of America (USA) without regard to any conflict of laws or provisions.

Claims of Copyright Infringement. Pursuant to Title 17, United States Code, Section 512(c) (2), Notification(s) of Claimed Copyright Infringement must be sent to Best Mattress Buys Copyright Agent for notice of claims of copyright infringement on or relating to this Website by contacting Best Mattress Buys and sending Written Notification as outlined below.

To be effective, the Written Notification shall and must include the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Best Mattress Buys to locate the material;
4. Information reasonably sufficient to permit Best Mattress Buys to contact the Complaining Party, such as a telephone number and an electronic e-mail address at which the complaining party may be readily contacted;
5. A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

17. Arbitration
Best Mattress Buys may elect, at its sole discretion, to resolve any controversy or claim arising out of or relating to these Terms of Use, the Agreement, or this Website by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. By your use of Best Mattress Buys Website in part or whole, you hereby mutually agree that arbitration shall be conducted in Palm Coast, Florida (USA) and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or we may seek any interim or preliminary relief from a court of competent jurisdiction in Palm Coast, Florida (USA) necessary to protect the rights or the property of you or Best Mattress Buys, its subsidiaries, affiliated companies, joint ventures’, business partners, licensors, employees, agents, and any third-party information or content providers to the Service, pending the completion of arbitration.

18. Miscellaneous
Best Mattress Buys may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon Best Mattress Buys posting them on its website or delivering them to you through e-mail. You may update your e-mail address by visiting the Services where you have provided contact information. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you. By use of this website, you mutually agree that you do not have the right to request that we provide such notices to you in paper or electronic format.

Our failure to exercise or enforce any right or provision of these Terms of Use or Agreement shall not constitute a waiver of such right or provision.

You mutually agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Best Mattress Buys Website, these Terms of Use or Agreement must be filed within one (1) year after such claim or cause of action arose or it shall be forever barred.

These Terms of Use, including all terms, conditions, and policies that are incorporated into these Terms of Use and Agreement by reference, constitute the entire agreement between you and Best Mattress Buys and govern your use of its Website, superceding any prior agreements that you may have with us. The restrictions imposed on you and the disclaimers and limitations of liabilities set forth above shall survive any termination.

These Terms of Use and Agreement shall be construed in accordance with the laws of the State of Florida (USA), and the parties irrevocably consent to bring any action to enforce these Terms of Use before an arbitration panel or before a court of competent jurisdiction in Palm Coast, Florida (USA) if seeking interim or preliminary relief or enforcement of an arbitration award.

If any part of these Terms of Use or Agreement is determined to be invalid or unenforceable pursuant to applicable law, 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 and Agreement shall continue and remain in full effect.

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