Terms and Conditions

This page states the “Terms and Conditions” under which you, the Website visitor (“You”), may use Mattress.com (the “Site”), which is owned by Mattress Firm, Inc.  As used in these Terms and Conditions, "Mattress Firm", "us", “our” or "we" refers to Mattress Firm, Inc. and its subsidiaries.

Please read this page carefully. BY ACCESSING OR OTHERWISE USING THE SITE YOU AGREE TO THESE TERMS AND CONDITIONS. Any person or entity who interacts with the Site through the use of crawlers, robots, browsers, data mining or extraction tools, or other functionality, whether such functionality is installed or placed by such person or entity or a third party, is considered to be using the Site. If You do not accept these Terms and Conditions, You must immediately stop using the Site. These Terms and Conditions supersede any other agreement You may have with us regarding this subject matter. We may, in our sole discretion, revise these Terms and Conditions at any time; therefore, You should visit this page periodically to review the Terms and Conditions.

Site Materials

Unless otherwise expressly noted, all content included on the Site, such as, without limitation, text, graphics, logos, images, audio clips, video, data, music, software, application updates and other content (the “Site Material”), is owned or licensed by Mattress Firm and is protected by copyright, trademark, patent or other proprietary rights.  The collection, arrangement and assembly of all Site Material are the exclusive property of Mattress Firm, Inc. and protected by United States copyright laws.  Mattress Firm and its licensors expressly reserve all intellectual property rights in all Site Material.  From time to time, the Site makes fair use of trademarks, logos, images and other content owned or licensed by third parties (“Third Party Materials”). Mattress Firm makes no claim of ownership respecting the Third Party Materials and makes no claims of affiliation with any of the holders of the Third Party Materials by such use.

License and Access

Mattress Firm grants you a limited license to access and make personal use of the Site and the Site Materials for NONCOMMERCIAL PURPOSES ONLY and only to the extent such use is non-public and does not violate these Terms and Conditions including, without limitation, the prohibitions listed in the "PROHIBITED USES" section of these Terms and Conditions. You may download, print, and copy the Site Materials for personal, non-public, noncommercial purposes only, provided you do not modify or alter the Site Materials in any way, delete or change any copyright or trademark notice, or violate these Terms and Conditions in any way.  Accessing, downloading, printing, posting, storing, or otherwise using the Site or any of the Site Materials for any public or commercial purpose, whether on behalf of yourself or on behalf of any third party, constitutes a material breach of these Terms and Conditions. The Site is intended for use by individuals 13 years of age or older. If you are under 18, you may use this Site only with involvement of a parent or legal guardian. Use of the Site Material, in whole or in part, on any other website or in a networked environment is prohibited.

User Submissions

We welcome your comments and reviews of the products and services listed on our Site and other suggestions, ideas, notes, concepts, and other information, (collectively, the “Information”).  However, You acknowledge that if You send us any Information, the Information shall be deemed, and shall remain, our property. By submission of any Information, You assign to us and we shall own exclusively all rights to such Information of every kind and nature throughout the universe now known or hereafter existing. We shall be entitled to use, alter, publish, or delete the Information, in whole or in part, for any purpose whatsoever without compensation or further notice to You. Notwithstanding, we disclaim all liability and responsibility for any and all Information posted by users on the Site.

Prohibited Uses

As a user of this Site, You are responsible for your own communications and other content that you post or otherwise disclose by means of the Site. Therefore, do not do any of the following things with respect to the Site:

• transmit to us material that is copyrighted or otherwise protected by intellectual property laws, unless You are the owner of the copyright or other intellectual property right or have the permission to do so from the owner;

• send us material that reveals trade secrets, unless You own them or have the permission of the owner;

• send us material that infringes on or misappropriates any other intellectual property rights of others or on the privacy or publicity rights of others;

• send us material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity;

• provide Information that is inaccurate, misleading or false;

intentionally or unintentionally violate or encourage conduct that would violate any local, state, or federal law;

• attempt to breach the security of the Site;

• send us advertisements or solicitations of business;

• send us chain letters or pyramid schemes; or

• impersonate another person.

We reserve the right to expel You and to prevent You further access to this Site for violating these Terms and Conditions terms or the law. The violation of any of these Terms and Conditions shall result in the immediate revocation of your right to access or use the Site or Site Material and obligates You to immediately destroy any copies of the Site Material in your possession.

Product and Service Rankings

The Site offers a forum, which may include product and service ranking (“Rankings”), where You may access recommendations of products and services offered by certain vendors.

The information in our Rankings is provided strictly as a source of information for You and is provided merely as a convenience. It represents our opinion and analysis based on subjective/objective criteria. You are recommended to do your own research and investigation before engaging services with any company regardless of their listing. You agree to not hold the Site, us or any of our stockholders, owners, members, managers, officers, directors, employees, or affiliates (collectively “Mattress Firm Parties”) liable for any statements, representations, errors or omissions, descriptions, comments, or opinions posted on the Site.

By developing and posting such Rankings, we make no representation or warranty as to the accuracy or factual basis of the Rankings. In compliance with federal law, all price quotes displayed on the Rankings are updated on at least a weekly basis. However, our evaluation process is a continued development; we may experiment with new processes for our evaluations and add or remove specific elements at any time. Mattress Firm, Inc. is a private company and is not affiliated with any government or non-profit organizations. We receive compensation from companies which are ranked on the Site.

Advice, graphics, information, and images contained on this Site are presented for general educational and informational purposes. They are not intended to be legal or other expert advice, recommendations, or services. The information contained on this Site should not be considered exhaustive and should not be used in place of consultation with qualified professionals to meet your individual needs.

While the information and recommendations contained on this Site have been compiled from sources believed to be reliable, we make no guarantee as to, and assume no responsibility for, the correctness, sufficiency, or completeness of any such information or recommendations. Other or additional safety measures may be required under particular circumstances.

Limitation of Liability

MATTRESS FIRM DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MATERIAL. IF YOUR USE OF THE SITE OR THE SITE MATERIAL RESULTS IN ANY COSTS OR EXPENSES, INCLUDING, WITHOUT LIMITATION, THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, MATTRESS FIRM SHALL NOT BE RESPONSIBLE FOR THOSE COSTS OR EXPENSES.

THIS SITE AND ITS MATERIAL ARE PROVIDED ON AN “AS IS” AND “AT YOUR OWN RISK” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. MATTRESS FIRM, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. ALTHOUGH MATTRESS FIRM STRIVES TO PROVIDE THOROUGH AND ACCURATE MATERIALS ON ITS SITE, WE MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

Disclaimer of Consequential Damages

IN NO EVENT SHALL MATTRESS FIRM, ITS AFFILIATES, OR ANY THIRD PARTIES MENTIONED ON THE SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE MATERIAL, ADVICE, GUIDANCE, OR SERVICES ON THIS SITE OR SITES LINKED TO THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Links

This Site contains links to websites owned by third parties. These links are provided solely as a convenience to You and are not an endorsement by Mattress Firm of the contents on those other sites. Mattress Firm is not responsible for the content of any linked sites and makes no representations regarding the content or accuracy of materials on such sites. If You decide to visit any third-party sites using links from this Site, You do so at your own risk.

Indemnity

By using this Site, You agree to defend, indemnify, and hold harmless Mattress Fimr and the Mattress Firm Parties from and against any and all losses, claims, damages, costs, and expenses (including reasonable legal and accounting fees) that Mattress Firm or such Mattress Firm Party may become obligated to pay arising or resulting from your use of the Site Material or your breach of these Terms and Conditions. Each of Mattress Firm and the Mattress Firm Parties reserve the right to assume or participate, at your expense, in the investigation, settlement, and defense of any such action or claim.

Privacy

Please see Mattress.com’s Privacy Policy at http://www.mattressfirm.com/privacy-policy.html?v=b.

Miscellaneous

These Terms and Conditions are governed by the substantive laws of the State of Texas, without respect to its conflict of laws principles. You agree to submit to the jurisdiction of the courts situated in Houston, Harris County, Texas with respect to any dispute, disagreement, or cause of action related to or involving this Site. If any provision is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided elsewhere in our Site, these Terms and Conditions constitute the entire agreement between You and Mattress Firm with respect to your use of this Site.

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