This Website TERMS AND CONDITIONS AGREEMENT (the “Agreement”) is between you (the “User”) and SLEEP SANCTUARY Inc. (the “Company”). In consideration of the right to access and use the Company’s Website located at www.SLEEPSANCTUARY.com (the “Website”), User agrees to the terms and conditions of use set forth in this Agreement. User’s continued use of the Website indicates User’s willingness to be legally bound by the terms and conditions of this Agreement as set forth below.
COVENANT TO READ AGREEMENT
User acknowledges that User has read the terms and conditions of use and accepts the terms thereof. USER AGREES TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING OR SUBSCRIBING TO THE WEBSITE. If User does not agree to these terms and conditions of use, User may not access or otherwise use the Website.
The Company has the right, but not the obligation, to monitor the use of the Website and its content and, except as otherwise provided in this Terms of Use Agreement or the Company’s Privacy Policy. User agrees that the Company may freely use and disclose any information and/or materials received from the User or collected through User’s use of the Website for any lawfUl reason or purpose.
COMPANY’S CONTROL OVER WEBSITE
The Company reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Website.
The Company reserves the right at all times to disclose any information (including information about the Users) as necessary to satisfy any law, REGULATION or government request.
The Company reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Terms of Use Agreement including the Website Privacy Policy or the Website Purchase and Refund Policy, in whole or in part, at any time. Notification of changes in the Agreement including the Website Privacy Policy or the Website Product Purchase and Refund Policy will be posted on the Website.
Amendments to the Agreement including the Website Privacy Policy or the Website Product Purchase and Refund Policy will take effect immediately upon being posted to the Website, and User’s continued use of the Website constitutes User’s acceptance thereof.
The Company may change, suspend or discontinue any aspect of the Website at any time, including, but not limited to, content, database, hours of availability, and equipment needed for access or use.
The Company may also impose limits on certain features and services or restrict User’s access to parts or the entire Website without notice or liability.
INTELLECTUAL PROPERTY RIGHTS
The Website is protected by the intellectual property laws of the United States of America, including trademark and copyright laws and international conventions. The Website and its Contents are owned or licensed by Company. Any trademarks, logos, slogans, and/or other distinctive designs are protected by the state, national, and international laws of trademark, trade dress, and unfair competition.
All materials contained within the Website (the “Content”), including but not limited to all photography and video content, are protected by copyright, and are owned or controlled by Company or the party credited as the provider thereof. User will abide by any and all intellectual property notices, including copyright notices, information, or restrictions contained in any Content on the Website.
User MAY NOT make copies of the Content and other downloadable items displayed on the Website for any use. Copying any Content is expressly prohibited without the prior written consent of the Company or the copyright holder identified in the individual Content’s copyright notice.
PRIVACY AND DISCLAIMERS
Use of the Website is subject to the terms of the SLEEP SANCTUARY Website Privacy Policy incorporated herein by reference. By accessing and using the Website, User agrees to all Terms of Use, Privacy Policy and other notices or disclaimers published to the Website by Company.
USER’S COVENANTS
By accessing and using the Website, User represents warrants and covenants that:
User is at least eighteen (18) years of age;
User shall not upload post or transmit to or distribute or otherwise publish through the Website, including but not limited to, any materials which (i) restrict or inhibit any other user from using and enjoying the Website, (ii) are unlawfUl, threatening, harassing, abusive, libelous, defamatory, obscene, volgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that woUld constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law, (iv) violate, plagiarize, or infringe the rights of third parties, including, but not strictly limited to, copyright, trademark, patent, rights of privacy or publicity or any other proprietary rights, (v) contain any viruses, Trojan horses, worms, time bombs, cancel bots, or other harmfUl components that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, (vi) contain any information, software or other material of a commercial nature, (vii) Contain advertising of any kind, or (viii) constitute or contain false or misleading indications of origin or statements.
User shall not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any business being conducted on the Website. User shall not take any action which imposes an unreasonable or disproportionately large load on the Website’s infrastructure (e.g., the sending of mass e-mail or junk mail, known as “Spamming”).
User shall not disclose to or share User’s Member or Account number or password with any third parties or use the password for any unauthorized purposes.
User shall not link to the Website in any manner that woUld bypass the Website’s home page. User shall not “frame” the Website or any portion thereof.
USER’S ACKNOWLEDGMENTS
User acknowledges that the Company may use any communications made through the Website for any lawfUl purpose, subject to the Company’s Privacy Policy. User shall not be entitled to any payment or royalties from Company in the event that Company uses any such communications.
User acknowledges that transmissions to and from this Website are not confidential and any of User’s communications may be read or intercepted by others.
User acknowledges that any reliance upon any opinion, advice, statement, memorandum, information, or other material contained in the Website or any of its links shall be at User’s own risk.
User is responsible for any and all fees, taxes, and expenses which may be incurred through the use of this Website or as the resolt of the purchase of products/services from within it.
DISCLAIMERS
The Website may contain links and pointers to other World Wide Web Internet sites, resources, and sponsors of the Website. Links to and from the Website to other third-party sites, maintained by third parties, do not constitute an endorsement by Company or any of its subsidiaries or affiliates of any third-party resources, or their contents. Company has no control, input or influence over how any third-party website is operated.
The Company does not represent or endorse the accuracy or reliability of any advice, opinion, or other information displayed or distributed through the Website.
No third-party user content shall be permitted on the Website and the Company is not responsible nor liable for any user content.
The Company disclaims any and all responsibility for content contained in any third-party materials provided through links on the Website.
The Company shall not be liable for any problems caused by User supplying FAULTY information (such as the wrong email address or wrong delivery address) or due to User’s failure to make any particular specification with regard to a delivery address.
No statements made in these terms or on this Web Site shall be deemed to affect the statutory rights of a consumer which cannot be restricted or excluded currently under the law.
Every effort is made by the Company to ensure that the Website is correct. In the event of any errors on the Website, the Company will endeavor to address and correct same as quickly as possible from the time of being made aware of the situation.
DISCLAIMER OF WARRANTY
THIS WEBSITE IS PROVIDED “AS IS.” USER UNDERSTANDS AND EXPRESSLY AGREES THAT THE USE OF THE WEBSITE AND ALL ITS CONTENTS IS AT USER’S SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS AT USER’S OWN DISCRETION AND RISK AND THAT USER WILL BE SolELY RESPONSIBLE FOR ANY DAMAGE TO USER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND IT MAKES NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE, REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE WEBSITE, REGARDING ANY TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE OR THAT THE WEBSITE WILL MEET USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
COMPANY IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, ILLEGAL, TORTIOUS OR INFRINGING CONDUCT OF ANY USER. IF THE USER IS DISSATISFIED WITH THE WEBSITE OR WITH ANY OF COMPANY’S TERMS OF USE, THE USER’S SolE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE. USER FOREVER WAIVES ALL RIGHT TO CLAIMS OF DAMAGE OF ANY AND ALL KINDS BASED ON ANY CAUSAL FACTOR RESULTING IN ANY POSSIBLE HARM, NO MATTER HOW HEINOUS OR EXTENSIVE, WHETHER PHYSICAL OR EMOTIONAL, FORESEEABLE OR UNFORESEEABLE, WHETHER PERSONAL OR COMMERCIAL IN NATURE.
THE WEBSITE CONTAINS LINKS AND POINTERS TO OTHER WORLD WIDE WEB INTERNET SITES, RESOURCES AND SPONSORS OF THE WEB SITE. LINKS TO AND FROM THE WEBSITE TO OTHER THIRD-PARTY SITES, MAINTAINED BY THIRD PARTIES, DO NOT CONSTITUTE AN ENDORSEMENT BY COMPANY OR ANY OF ITS SUBSIDIARIES OR AFFILIATES OF ANY THIRD-PARTY RESOURCES, OR THEIR CONTENTS.
INDEMNIFICATION
To the extent permitted by applicable law, User agrees to indemnify and hold harmless, and upon Company’s request, defend, Company, its directors, officers, employees, independent contractors and agents (each a “Company Indemnified Party”) from any and all claims, losses, liabilities, damages, taxes, expenses and costs, including without limitation, attorney’s fees and court costs (collectively, “Losses”), incurred by a Company Indemnified Party and arising from or related to any of the following: (i) the User’s breach of any certification, covenant, obligation, representation or warranty in this Agreement; (ii) any claims that the User has violated or infringed any third party intellectual property or proprietary rights including but not limited to any metadata, related trademarks and logos, or images and other materials that the User provided to the Company under this Agreement; or (iii) the User’s use of the Company’s Website or services.
DISPUTE RESOLUTION AND CHOICE OF LAW
This Agreement shall be governed by the procedural and substantive laws of the United States and the State of NEW MEXICO, notwithstanding any otherwise applicable choice or conflict of law provisions to the contrary. In the event that the parties cannot negotiate a resolution of any dispute, then the parties agree to submit their dispute to mediation, and then to arbitration, in accordance with the Commercial Arbitration Roles of the American Arbitration Association. The place of any mediation or arbitration shall be Taos, NEW MEXICO. The prevailing party in any arbitration shall be entitled to reasonable attorney’s fees and expenses.
EQUITABLE RELIEF
Notwithstanding the foregoing, User acknowledges that the performance of its obligations hereunder and the rights and licenses assigned to Company hereunder may be of a unique, unusual, extraordinary and intellectual character which COULD give them a special value, the loss of which may not be reasonably or adequately compensated in damages in an action at law, that a breach by User of this Agreement may cause Company great and irreparable injury and damage and, therefore, while expressly reserving all of Company’s rights and remedies hereunder, Company will be entitled to seek injunctive relief to prevent such injury or damage.
UNENFORCEABILITY OF PROVISIONS
If any provision of this Agreement, or any portion thereof, is held to be invalid and unenforceable, then the remainder of this Agreement shall nevertheless remain in FULL force and effect.
CONTACTING COMPANY
A User may contact the Company for any questions or concerns by sending an email to ORDERS@MATTRESSMARY.com
DOCUMENTS COMPRISING THE AGREEMENT
By using the Website, User consents, as if the User had entered into and signed a contract with the Company, to this and any amended version of this Agreement (i.e. SLEEP SANCTUARY Website TERMS AND CONDITIONS Agreement) which includes the external Privacy Policy and the Purchase and Refund Policy as amended and published on the Website. This Agreement comprises the entire agreement between Company and User.
This Agreement which includes the Company’s Terms of Use, Privacy Policy, and the Product Purchase and Refund Policy shall be deemed to be valid and enforceable under the Uniform Electronic Transactions Act as well as United States Electronic Signatures in Global and National Commerce (E-Sign) Act of 2000 as the original signature.
The Company may update, amend, or modify the Agreement (in whole or in part) at any time, without notice to the User. For and in consideration of the User’s ability to use and access the Website, User agrees that he or she will acknowledge and accept any amendments or modifications of this Agreement as posted to the Website. User agrees to actively check the Website for any changes to this Agreement.
