Terms & Conditions
By accessing or using American Mattress, you agree to be bound by the following terms and conditions of use:
These terms and conditions of use may be changed at any time by American Mattress posting changes online. Your continued access and use of American Mattress's Web site will mean that you agree to be bound by the most current version of the terms and conditions of use. Please check the terms and conditions regularly.
Section 1: Copyright warning
American Mattress endeavors to ensure that information is correct but does not accept any liability for error or omission.
Users are permitted to copy some material for their personal use, but may not republish any substantial part of the data either on another website or as part of any commercial service without the prior written permission of American Mattress.
Section 2: Conditions of use
American Mattress seeks to enhance its relationship with its clients and business partners through its site. We therefore expect that you and anyone else using your American Mattress accounts will be responsible and have respect for the utilities on the Web site and for other users. For your benefit American Mattress reserves the right to prohibit abusers of the site and its contents and to terminate any accounts this user might have.
Abuse would include things like acts, which violate the law, posting threatening, abusive or harassing or vulgar materials, transmission of viruses and other disruptive material, transmission of junk or spam mail, advertising and endorsement of products or services without American Mattress's permission, and attempts to collect or store personal information about other users of American Mattress's Web site.
You are solely responsible for any and all information that you distribute in any way ('Your Content') using American Mattress and any consequences that may result from Your Content. You acknowledge that, like you, each user of American Mattress is solely responsible for any and all information. American Mattress does not review and has no obligation to monitor such content.
American Mattress has the right to refuse and remove any content uploaded, posted distributed using American Mattress's Web site, including any of Your Content. American Mattress may also retain Your Content and disclose Your Content (including the contents of your private communications):
- if required by law
- to properly operate and maintain American Mattress's Web site
- in connection with any claim that Your Content violates the rights of any third-party
- to protect itself, its officers, directors and employees, the users of American Mattress's site and the public
- to enforce these terms and conditions.
By providing Your Content through any publicly accessible areas of American Mattress's site, you automatically grant to American Mattress a perpetual, royalty free, irrevocable, non-exclusive right and license to use reproduce, modify, adapt, publish, translate, create derivative works from and distribute such of Your Content into any form, medium or technology now known or hereafter developed. In addition, you waive any and all moral rights in such of Your Content.
Section 3: Company's Liability; Disclaimer of Consequential Damages
The Content comes from sources believed to be accurate, but may contain inaccuracies or typographical errors. American Mattress makes no representations about the results to be obtained from using the American Mattress Site or the Content. The use of the American Mattress Web site and the Content is at your own risk.
YOU ACKNOWLEDGE THAT IN CONNECTION WITH THE American Mattress SITE, INFORMATION WILL BE TRANSMITTED OVER LOCAL EXCHANGE, INTEREXCHANGE AND INTERNET BACKBONE CARRIER LINES AND THROUGH ROUTERS, SWITCHES AND OTHER DEVICES OWNED, MAINTAINED AND SERVICED BY THIRD PARTY LOCAL EXCHANGE AND LONG DISTANCE CARRIERS, UTILITIES, INTERNET SERVICE PROVIDERS AND OTHERS, ALL OF WHICH ARE BEYOND THE CONTROL AND JURISDICTION OF American Mattress AND ITS SUPPLIERS. ACCORDINGLY, American Mattress ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE American Mattress SITE. IF YOUR USE OF THE American Mattress SITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING DATA OR EQUIPMENT, American Mattress IS NOT RESPONSIBLE FOR THOSE COSTS.
THE American Mattress SITE AND THE CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. American Mattress, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. American Mattress, ITS LICENSORS, AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS OR TIMELINESS OF THE CONTENT, SERVICES, TEXT, GRAPHICS, LINKS, OR COMMUNICATIONS PROVIDED ON OR THROUGH USE OF THE American Mattress SITE.
IN NO EVENT SHALL American Mattress, ITS LICENSORS, ITS SUPPLIERS OR ANY THIRD PARTIES MENTIONED AT THE American Mattress WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE American Mattress AND THE CONTENT WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT American Mattress IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Section 4. Order Acceptance
The receipt of an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. American Mattress reserves the right, without prior notification, to limit the order quantity on any item and/or refuse service to any customer. Verification of information may be required prior to the acceptance of any order.
Section 5. Termination of Usage
American Mattress, Inc. may terminate User access, or suspend any User's access to all or part of its sites and services, without notice, for any conduct that American Mattress, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another User, a third-party Provider, a Merchant, a Sponsor, a Licenser, a service provider, or American Mattress.
Section 6: Links to Other Sites
American Mattress may contain links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by American Mattress of the content on such third-party websites. American Mattress is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party websites. If you decide to access linked third-party websites, you do so at your own risk. Your use of third-party websites is subject to the terms and conditions of use for such sites.
Section 7: Indemnity
You agree to defend, indemnify and hold American Mattress, its officers, directors, employees and agents, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Content and the Services in a manner that violates or is alleged to violate these Terms and Conditions. American Mattress shall provide notice to you promptly of any such claim, suit, or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.
Section 8: Jurisdiction
You expressly agree that exclusive jurisdiction for any dispute with American Mattress, or in any way relating to use of the American Mattress Site, resides in the courts of the State of Illinois and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Illinois in connection with any such dispute including any claim involving American Mattress or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.
These Terms and Conditions are governed by the internal substantive laws of the State of Illinois, without respect to its conflict of law principles. If any provision of these Terms and Conditions 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 condition or any other term or condition.
Section 9. Complete Agreement
EXCEPT AS EXPRESSLY PROVIDED IN A PARTICULAR "LEGAL NOTICE" ON THE American Mattress WEBSITE, OR IN THE SERVICE AGREEMENT, THESE TERMS AND CONDITIONS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND THE COMPANY WITH RESPECT TO THE USE OF THE American Mattress SITE, SERVICES, AND CONTENT.