In using or accessing this website you are deemed to have read and agreed to the following terms and conditions:
This Website, mattressEXPOSED.com, including all of its features, content, and services (the "Website") is a service provided by the owner of mattressEXPOSED.com (the “Owner”) and all content, information, services and software ordered or provided on or through this Website, in whole or in part ("Content") may be accessed, utilized or used (“Use” or “Used” by a “User”) only under the following terms and conditions ("Terms and Conditions of Use").
Website Limited License
As a User of this Website you are granted a nonexclusive, nontransferable, revocable, limited license to access and Use this Website and Content in accordance with these Terms and Conditions of Use. Owner may terminate this license at any time for any reason.
You must be 18 years old and able to form a legally binding contract to be eligible to use the Website or any of Owner’s services.
Limitations on Use; Third Party Communications; Social Network Platforms
The Content on this Website is for your personal Use only and not for commercial exploitation, enhancement, verification or validation. Notwithstanding the foregoing and to the extent this Website provides electronic commerce, such buying opportunities may be made available for group as well as personal purchasing, so long as you are authorized to make purchases on behalf of such group.
Any unauthorized Use of this Website or its Content is prohibited. You may not Use the Website and/or any Content to:
1. conduct commercial or promotional activities or sales efforts without prior written consent from Owner.
2. determine a consumer's eligibility for: (a) a government license or benefit; (b) credit or insurance for business, personal, family, or household purposes; or (c) employment.
3. provide content related to gambling, including without limitation any online casino, sports books, bingo or poker.
4. provide or facilitate illegal contests, pyramid schemes, sweepstakes or chain letters.
5. infringe upon the rights of any third party, including intellectual property rights, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent
6. copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of this Website, except to the extent permitted above or with prior written consent from Owner.
7. manually extract, decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from this Website or the Content without prior written consent from Owner.
8. determine the site architecture or to extract data or information about usage, individual identities or users, via use of any network monitoring or discovery software or othewise.
9. monitor, copy, scan, review, index, mirror, ping or validate our Website or the Content without Owner's prior written permission, via robot, spider, other automatic software or device, process, approach or methodology, manual or otherwise (methods such as web scraping, harvesting, data extraction, data validation or verification are prohibited).
10. contribute content that contains restricted access mechanisms, hidden content of any kind, or utilize SQL injection or cross site scripting methods.
11. transmit any computer virus, worm, defect, Trojan Horse, or any other item of a destructive nature, or to upload any virus or malicious code.
12. transmit any false, misleading, fraudulent or illegal communications, information or data.
13. phishing, spoofing, illegal or fraudulent activity or to violate laws in your jurisdiction.
14. access unauthorized information.
15. solicit information from minors or to harm or threaten to harm minors.
16. attack, threaten violence, stalk, harass, incite, harm, or intimidate any other user, person or organization, or to engage in any other threatening behavior.
17. transmit or post any material that is abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libelous, fraudulent, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable, for example, any materials containing slurs, hate speech or which attack an individual or group on the basis of race, color, religion, national origin, or sexual preferences.
18. transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam (sending the same message multiple times or to multiple people will be treated as spam), chain letters, contests, pyramid schemes, surveys, or any other form of solicitation or mass messaging, whether commercial in nature or not.
19. export or re-export this Website or any portion thereof, or the Content in violation of the export control laws and regulations of the United States of America.
As used herein, "Third Party Communications" means any communications directed or related to you from any third party directly or indirectly. Owner disclaims all liability for any communications you may receive from any third party or any actions you may take or refrain from taking as a result of any Third Party Communications. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any Third Party Communications. Owner assumes no responsibility for verifying and makes no representations or warranties regarding the identity or trustworthiness of the source or content of any Third Party Communications.
It may be possible to access the Website via a third party social network, email service, etc. including but not limited to Facebook or Facebook Connect (“Third Party Platforms”). Access to the Website via a Third Party Platform may only be granted, once You explicitly allow it, through an interface provided by the Third Party Platform. Third Party Communications then may be allowed via the Third Party platform.
If you access the Website via a Third Party Platform then certain activity or actions you take on the Website may be viewable as a “story” or a “feed” on that Third Party Platform, and thus may be searchable or viewable in other online locations also. You may be able to control or change the “stories” that can be published on the Third Party Platform by modifying your settings on that site. We have no control over and are not liable for Third Party Communications or for use of any Third Party Platform, including without limitation the “stories” or “feeds” published by Third Party Platforms.
If You access the Website via a Third Party Platform then all data collected, accessed or stored from that third party, or content shared back to or used by that third party, will be collected, shared or used in compliance with the terms and policies of that Third Party Platform.
As we do not have control over the user interface provided by Third Party Platforms, we do not take any responsibility for any changes or problems with the interface or exchange of information provided by any of them. We have no control over the privacy policies of Third Party Platforms. Neither do we have any control over or responsibility for the information or content collected by such websites and platforms. If you access the Website through a Third Party Platform then we encourage you to become familiar with the privacy policies and practices of that site or platform.
Not Professional Advice
Information provided on this Website is not meant to be a professional advice. Content is not intended to and does not constitute legal, medical, financial or any other professional advice. There is no attorney-client, doctor-patient or other professional relationship, nor is anything submitted to this Website treated as confidential. The accuracy, completeness, adequacy or currency of the Content is not warranted or guaranteed. Your Use of Content on this Website or of materials linked from this Website is at your own risk.
Intellectual Property Rights
Except as expressly provided in these Terms and Conditions of Use, nothing contained herein shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights. You agree that the Content and the Website are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. MattressEXPOSED.com makes no representations as to the ownership and respective rights of any logos, trademarks, service marks, product names, and trade names of entities listed on this Website. MattressEXPOSED.com does not grant you the right to use or display any trademark, service mark, product name, trade name or logo appearing on this Website without the respective owner's prior written consent.
Links to this Website
You may provide links to this Website, provided (a) you do not remove or obscure, by framing or otherwise, any portion of the web pages, including its advertisements, the Website brand, the Terms and Conditions of Use or other notices on this Website without prior written consent from Owner, and (b) you discontinue providing links to this Website if requested by Owner.
Licensing of Your Content to Owner
By posting, publishing, uploading, or distributing any data, information, text, graphics, links, messages, reviews, content, or other materials (collectively, "Postings") for use on this Website, you grant (or warrant that the owner of such rights has expressly granted) Owner a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license, with the right to sublicense, to use, modify, reproduce, publish, adapt, publicly perform, publicly display, digitally display and digitally perform, translate, create derivative works from and distribute such Postings or incorporate such Postings into any form, medium, or technology now known or later developed throughout the universe. You agree that you shall have no recourse against Owner for any alleged or actual infringement or misappropriation of any proprietary right in Postings you provide to Owner.
Relationship of Owner and You
You are an independent third party to this Website, and nothing in this Agreement will create or represent that there is any partnership, joint venture, agency, franchise, sales relationship, or employment relationship between us. You will have no authority to make or accept any offers or representations on our behalf.
You shall not distribute on or through this Website any Postings or presentations of data containing any advertising, promotion, solicitation for goods, services or funds or solicitation for others to become members of any enterprise or organization without the express written permission of the Owner; such tools and mechanisms for such promotion, create the single exception to this provision. Notwithstanding the foregoing, in any interactive areas of this Website (the "Interactive Areas"), which includes, without limitation, any blogs, reviews, wikis, bulletin boards, reviews, discussion boards, chat rooms, email forums, and question and answer features, where appropriate you a) may list along with your name, address and email address, your own Website's URL and b) may recommend third party Websites, goods or services so long as you have no financial interest in and receive no direct or indirect benefit from such recommended Website, product or service or its recommendation. In no event may any person or entity solicit anyone with data retrieved from this Website.
Members of mattressEXPOSED.com and any affiliated sites including white label partners are prohibited from engaging in any solicitation activities in California that refer potential customers to retailers including, but not limited to, distributing flyers, coupons, newsletters and other printed promotional materials or electronic equivalents, verbal soliciting (for example, in-person referrals), initiating telephone calls, and sending emails.
This Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on this Website is accurate and complies with applicable laws. Owner will not be responsible for the illegality of or any error or inaccuracy in advertisers' or sponsors' materials or for the acts or omissions of advertisers and sponsors. Advertisers and sponsors agree to permit this Website to clearly label and mark paid placements accordingly and in such a manner as this Website, in its sole discretion, deems necessary to sufficiently disclose – in description and prominence - to the Users of this Website that there is a monetary relationship underlying such placements.
Certain sections of this Website require you to register. If registration is requested, you agree to provide accurate and complete registration information. It is your responsibility to inform Owner of any changes to that information. Each registration is for a single individual only, unless specifically designated otherwise on the registration page. Owner does not permit a) anyone other than you to use the sections requiring registration by using your name or password; or b) access through a single name being made available to multiple users on a network or otherwise. You are responsible for preventing such unauthorized Use. If you believe there has been unauthorized Use, you must notify Owner immediately by emailing us here. However, you understand that by registering with this website, you may receive regular updates regarding new Applications launched, information regarding Listings and Applications you have visited, shown an interest in and/or added to the system or modified at some time. At any time, you may request to unsubscribe and we will permanently remove you from our registered list of subscribers. To unsubscribe, click here.
Postings in interactive areas of the Website
If you participate in Interactive Areas on this Website, you shall not post, publish, upload or distribute any Postings which are unlawful or abusive in any way, including, but not limited to, any Postings that are defamatory, libelous, pornographic, obscene, threatening, invasive of privacy or publicity rights, inclusive of hate speech, or would constitute or encourage a criminal offense, violate the rights of any party, or give rise to liability or violate any local, state, federal or international law. Owner may delete your Posting at any time for any reason without notification of or permission from you.
Your Postings shall be accompanied by your real name and shall not be posted anonymously. Notwithstanding the previous sentence, if the applicable registration page for your participation in an Interactive Area allows you to create a screen name, you may select and use a screen name that is not your real name, provided that you use your real name when registering for participation in the Interactive Area. Participants in Interactive Areas shall not misrepresent their identity or their affiliation with any person or entity.
No Monitoring of Postings. Owner has no obligation to monitor or screen Postings and is not responsible for the content in such Postings or any content linked to or from such Postings. Owner however reserves the right, in its sole discretion, to monitor Interactive Areas, screen Postings, edit Postings, cause Postings not to be posted, published, uploaded or distributed, and remove Postings, at any time and for any or no reason without notification of or permission from you.
Any Interactive Area is provided solely for your personal Use. Any unauthorized Use of any Interactive Area of this Website, its Content, or Postings is expressly prohibited.
Errors and Corrections
Owner does not represent or warrant that this Website or the Content or Postings will be error-free, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible. Owner does not warrant or represent that the Content or Postings available on or through this Website will be correct, accurate, timely, or otherwise reliable. Owner may make improvements and/or changes to its features, functionality or Content or Postings at any time.
Third Party Content and Links
This website, the interactive areas, the content, and postings are provided on an "as is, as available" basis. Owner expressly disclaims all warranties, including the warranties of merchantability, fitness for a particular purpose and non-infringement. owner disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of or any way related to (a) any errors in or omissions from this website, the interactive areas, the content, and the postings including, but not limited to, technical inaccuracies and typographical errors, (b) third party communications, (c) any third party platforms, websites or content therein directly or indirectly accessed through links in this website, including but not limited to any errors in or omissions therefrom, (d) the unavailability of this website, the interactive areas, the content, the postings, or any portion thereof, (e) your use of this website, the interactive areas, the content, or the postings, or (f) your use of any equipment or software in connection with this website, the interactive areas, the content, or the postings.
Limitation of liability
Owner shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting from your use of this website, the content, the postings, the interactive areas, any facts or opinions appearing on or through an interactive area, or any third party communications. owner shall not be liable for any special, direct, indirect, incidental, punitive or consequential damages of any kind whatsoever (including, without limitation, attorneys' fees) in any way due to, resulting from, or arising in connection with the use of or inability to use this website, the interactive areas, the content, the postings, or any third party communications.
You agree to indemnify, defend and hold Owner, its officers, directors, employees, agents, licensors, suppliers and any third party information Owners to the Website harmless from and against all claims, losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms and Conditions of Use by you or arising from or related to any Postings or Content uploaded or submitted by you.
Third Party Rights
The provisions of paragraphs Disclaimer, Limitation of Liability and Indemnification are for the benefit of Owner and its officers, directors, employees, agents, licensors, suppliers, and any third party information Owners to the Website. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its/their own behalf.
Owner reserves the right to investigate complaints or reported violations of our Terms and Conditions of Use and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.
Remedies for Violations
Owner reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions of Use, including but not limited to the right to block access from a particular internet address to this Website and any other Owner Websites and their features.
You and mattressEXPOSED.com shall select the arbitrator, and if you and mattressEXPOSED.com are unable to reach agreement on selection of the arbitrator within thirty (30) days after the notice of arbitration is served, then the American Arbitration Association shall select the arbitrator. Arbitration shall not commence until the party requesting it has deposited the necessary and required deposit with the office of the arbitrator for the arbitrator's fees and costs. The party requesting arbitration shall advance such sums as are required from time to time by the arbitrator to pay the arbitrator's fees and costs until the prevailing party is determined or the parties have agreed in writing to an alternate allocation of fees and costs.
Judgment upon any award rendered by the arbitrator shall be final, binding and conclusive upon you and mattressEXPOSED.com and your and mattressEXPOSED.com 's respective administrators, executors, legal representatives, successors and assigns, and may be entered in any court of competent jurisdiction. Notwithstanding the previous sentence, in no event shall either you or mattressEXPOSED.com be entitled to punitive, special, indirect or consequential damages and both you and mattressEXPOSED.com hereby waive your and mattressEXPOSED.com's respective rights to any punitive, special, indirect or consequential damages, including, but not limited to, damages for any loss of profit, revenue, value or business. Should a dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and mattressEXPOSED.com, jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Santa Barbara County, California.
Severability of Provisions
Updates to Terms and Conditions of Use
Users should monitor children's use of the Internet. The Website and Listing Services are intended only for people 18 or over. Owner will not knowingly collect any information from children under 13. You must identify your age during the registration process. Owner takes the Children's Online Privacy Protection Act of 1998 (COPPA) as well as all FTC regulations very seriously. Owner does not assume any responsibility for any misrepresentations regarding your age or parental consent when using this Website or Listing Services. Owner reserves the right to terminate your access to the Listing Services and/or Website if it determines that you provided any false information regarding your age, or otherwise, when registering to use, or using this Website.
Revised December 7, 2013