Terms of Service
The following terms and conditions govern all use of sleepfoundry.com (Website) and all content, services and products available at or through the Website. The Website is offered subject to your acceptance without modification of all of the terms and conditions.
By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. The Website is available only to individuals who are at least 13 years old.
Your Account: You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under your account . You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts, including damages of any kind, incurred as a result of actions performed under your account. Furthermore, you agree not to allow the use of your account by other individuals or parties.
Responsibility of Contributors: If you post comments or other content, you are entirely responsible for the content and any harm resulting from that content. This is the case regardless of the type of content posted. By submitting content to us for inclusion on the Website, you grant us a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the content for display to the general public. We reserve the right to refuse or to remove any content that, in our opinion, violates any of our policies, at our sole discretion.
Responsibility to Verify Information: Deals posted by us concerning retail and/or other product pricing are provided as-is, with no warranties of any kind. Errors can and do occur. Prices may move away from those posted on this Website. We depend on outside merchants to provide accurate pricing and product information. It is your responsibility to verify product pricing and attributeswhere applicable. In no case will you hold us responsible for financial loss or any other damages caused by improper use of products, or other content posted on this Website.
Content Posted on Other Websites: We have no control over nor do we assume any responsibility for content made available through Websites and webpages to which we may link. We do not represent or imply that we endorse such Websites or webpages. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. We disclaim any responsibility for any harm resulting from your use of content we may link to.
Copyright Infringement and DMCA Policy: If you believe that material located on or linked to by the Website violates your copyright, you are encouraged to notify us by using our contact form. We will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material.
Intellectual Property. Your use of the Website grants you no right or license to reproduce or otherwise use any content. You specifically agree and guarantee you will not use the Website as a source for publishing, or otherwise making publicly available, in any manner or format or through any distribution means, arbitrage or other offers posted on the Website.
Restricted Information: You certify and guarantee you are not using or planning to use information on the Website as the basis of any type of claim or legal action against us, our members, suppliers or licensors.
Changes. We are constantly updating our services, and that means sometimes we have to change the legal terms under which our services are offered. We will post a notice on this Website as appropriate when this agreement is modified.
Termination. We may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. We may or may not preserve any content provided by you.
Disclaimer of Warranties. The Website is provided “as is”. We and our suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither we nor our suppliers and licensors, make any warranty that the Website will be error free or that access will be continuous or uninterrupted. You understand that you use the Website at your own discretion and risk.
Limitation of Liability. In no event will we or our suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed any fees paid by you to us for any period of time under this agreement. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
Indemnification. You agree to indemnify and hold harmless us, our contractors, and our licensors, and their respective directors, officers, employees and agents, from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
Miscellaneous. This Agreement constitutes the entire agreement between us and you. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Tennessee, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Tennessee Springs, Tennessee. Any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Nashville, Tennessee, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; we may assign our rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.