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Terms of Use


 

Welcome to Consumermattressreport.com (“Consumer Mattress Report” or “the Site”). Consumer Mattress Report is a comprehensive comparison site, operated by Consumer Mattress Report (“Us”, “We”) which provides rankings and scoring of top companies in the sleep space (“the Service”).

Please carefully read these terms of use (“Terms“) as well as our privacy policy, which we may update from time to time, a current version of which is available here (“Privacy Policy “).

By accessing the Site and/or using our Service, you agree to the Terms and Privacy Policy. “You” or “Customer” means a user of the Site and/or Service. If you do not agree to the Terms and Privacy Policy, you should exit our Site and not use or review any of the information that is posted on the Site and not use our Service.

We may revise the Terms at any time without notice by updating this Site. All updates to the Terms will be posted on this page. You are bound by any revisions or updates. You should periodically visit these Terms to review the current terms that apply to your use of our Site and/or Service. Any use of the Site and/or Service by you after our publication of any such changes shall constitute your acceptance of these Terms as modified. We may, at our sole discretion and at any time, discontinue providing the Site and/or Service or any part thereof without notice.

Use of and access to the Site and/or Service is void where prohibited by law. By using the Site and/or Service, you represent and warrant that you are 18 years of age or older, and that your use of the Site and/or Service does not violate any applicable law or regulation or any obligation.

Links

Portions of the Site involve linking to web sites belonging to third parties. The Site may also provide you with links to access the websites of third party vendors or retailers. We have no control over third-party sites, and all use of third-party sites is at your own risk. Additionally, we cannot accept responsibility for any payments processed or submitted through such third party sites, or for the privacy policies of any such sites. We are not responsible for content available by means of such sites. We do not endorse any products offered by third parties and we urge our users to exercise caution in using third-party sites.

Intellectual Property

Consumer Mattress Report owns the Site and/or Service, as well as the materials provided on this Site and/or Service, including all worldwide intellectual property rights in the Site and/or Service, and the trademarks, service marks, and logos contained therein. Except as expressly permitted herein, you may not copy, further modify, duplicate, distribute, display, perform, sublicense, republish, retransmit, reproduce, create derivative works of, transfer, sell or otherwise use the Site and/or Service or any content appearing in the Site and/or Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Site and/or Service. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, or trade name of We or any third party.

You may not or attempt to (a) decipher, decompile, disassemble, or reverse-engineer any of the software used to provide the Site and/or Service; (b) circumvent, disable, or otherwise interfere with security-related features of the Site and/or Service or features that prevent or restrict use or copying of any content; (c) use any robot, spider, site search or retrieval service, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Site and/or Service; or (d) harvest, collect or mine information about users of the Site and/or Service.

Disclaimers & Disclaimer of Warranty

No representations or warranties express or implied, are given regarding the legal or other consequences resulting from the use of our Site and/or Service. The information contained in this is provided for general information only.

Your use of the Site and/or Service is at your sole discretion and risk. The Site and Service are provided on an “AS-IS” and “AS AVAILABLE” basis without warranties of any kind from Consumer Mattress Report. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SITE, SERVICE AND/OR CONTENT, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. CONSUMER MATTRESS REPORT DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SITE, SERVICE AND/OR CONTENT; OR (II) THAT THE SITE AND/OR SERVICE WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY THE SITE AND/OR SERVICE. WE MAKE NO COMMITMENT TO UPDATE THE INFORMATION CONTAINED IN THE SITE AND/OR SERVICE.

Consumer Mattress Report attempts to be as accurate as possible. HOWEVER, WE DO NOT WARRANT THAT ANY ESTIMATION OR DESCRIPTION PROVIDED THROUGH THE SERVICE IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. WE CANNOT AND DO NOT ACCEPT ANY LIABILITY FOR ANY RELIANCE BY YOU ON SUCH INFORMATION. We reserve the right to correct any errors, inaccuracies or omissions and to change or update the content at any time without prior notice (including after you have submitted an application to us).

If you choose to rely on information from the Site or Service, you do so solely at your own risk. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.

Limitation of Liability

IN NO EVENT SHALL CONSUMER MATTRESS REPORT OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE AND/OR SERVICE OR ANY CONTENT INCLUDED ON THE SITE (INCLUDING ADVERTISEMENTS), INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE INFORMATION PROVIDED AS PART OF OR THROUGH THE SITE AND/OR SERVICE, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT CONSUMER MATTRESS REPORT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL CONSUMER MATTRESS REPORT’S CUMULATIVE LIABILITY TO YOU EXCEED AMOUNTS PAID TO CONSUMER MATTRESS REPORT, IF ANY, FOR USE OF THE SITE AND/OR SERVICE, DURING THE 3 (THREE) MONTH PERIOD PRIOR TO BRINGING THE CLAIM.

In addition to the foregoing, we assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any content. Consumer Mattress Report is not responsible for any problems or technical malfunction of any telephone or cellular phone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on the Site, including any injury or damage to users or to any person’s mobile device or computer related to or resulting from participation or downloading materials in connection with the Site and/or Service. UNDER NO CIRCUMSTANCES SHALL CONSUMER MATTRESS REPORT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE SITE AND/OR SERVICE OR FROM ANY CONTENT POSTED ON OR THROUGH THE SITE.

Indemnification

You agree to indemnify, defend, and hold harmless Consumer Mattress Report and its respective employees, directors, officers, subcontractors and agents of each, against any and all claims, damages, or costs or expenses (including court costs and attorneys’ fees) that arise directly or indirectly from: (a) breach of these Terms by you; (b) any claim, loss or damage experienced from your use or attempted use of (or inability to use) the Site and/or Service, including any transactions that you conduct or attempt to conduct;; (c) your violation of any law or regulation; (d) your infringement of any right of any third party; and (e) any other matter for which you are responsible hereunder or under law. You agree that your use of the Site and/or Service, including, without limitation, provision of service in connection with the Site shall be in compliance with all applicable laws, regulations and guidelines.

Miscellaneous

These Terms shall be governed by and interpreted in accordance with the law of the United States of America exclusive of its choice of law rules. Your conduct may also be subject to other local, state, and national laws. Any action to be brought in connection with these Terms or the Application shall be brought exclusively in the courts of the US and you irrevocably consent to their jurisdiction. Any cause of action against Consumer Mattress Report must be brought within one (1) year of the date such cause of action arose. In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision, and the remaining terms of these Terms shall remain in full force and effect. Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between you and Consumer Mattress Report or authorizes you to act on behalf of Consumer Mattress Report. Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between Consumer Mattress Report and you pertaining to the subject matter hereof, and any and all other agreements existing between us relating thereto are hereby canceled. We may assign our rights and obligations hereunder to any third party without prior notice. You shall not assign any of your rights or obligations hereunder, and any assignment in violation of the foregoing shall be void. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.