FindMyMattress.com Terms and Conditions of Use

This Site may contain typographical errors, pricing errors, and other errors or inaccuracies, and may not be complete or current. FindMyMattress.com therefore reserves the right to correct any errors, inaccuracies or omissions; to revoke any stated offer; and to make changes to prices, promotion offers, product descriptions, or other information at any time without prior notice (including after an order has been submitted and/or acknowledged). We also reserve the right to limit quantities (including after an order has been submitted and/or acknowledged). If you have received the wrong merchandise due to an error, your only remedy is to return it in an unused condition and its original packaging and receive the correct merchandise. If the correct merchandise is not available, you will be given the option of selecting another product of the same value or receiving a refund of your original purchase price.

Use of the Site is subject to compliance with all applicable international, federal, state and local laws and regulations.

FindMyMattress.com actively reports and prosecutes actual and suspected credit card fraud. FindMyMattress.com may require further authorization from you such as a telephone confirmation of your order and/or other information. Our decision to require further authorization is at our sole discretion. FindMyMattress.com reserves the rights to cancel, delay, refuse to ship, report to any governmental authority, or recall from the shipper any order if fraud is suspected. FindMyMattress.com captures certain information during the order process, including time, date, and other information that will be used to locate and identify individuals committing fraud. If any FindMyMattress.com order is suspected to be fraudulent, all records will be submitted with or without a subpoena to all law enforcement agencies and to the credit card company for fraud investigation. FindMyMattress.com will cooperate with the authorities to prosecute offenders to the full extent of the law.

The Site may include functions provided for the purpose of submitting information to FindMyMattress.com. Submitted information may include personally identifiable information such as names and e-mail addresses. FindMyMattress.com’s handling and use of all submitted information will be pursuant to the FindMyMattress.com Privacy Policy published separately on the Site.

If you establish or use an account on the Site (whether or not as a Customer) and have been provided with a user name and password for such purpose, you are responsible for maintaining the strict confidentiality of that information. You are also responsible for any activity conducted under your account. You agree to: (a) immediately notify FindMyMattress.com of any unauthorized use of your password or account or any other breach of the Site's security; and (b) ensure that you log-off and exit from your account at the end of each session. It is your sole responsibility to control the dissemination and use of your password, and control access to and use of your account. It is also your sole responsibility to notify FindMyMattress.com if you desire to cancel your account on the Site. FindMyMattress.com will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.

As between FindMyMattress.com and Site visitors, FindMyMattress.com is the sole and exclusive owner of all intellectual property rights, proprietary rights and moral rights in and to the Site content including, without limitation, all text, graphics and photographs located within the Site.

The Site may not be used in any manner that is unlawful or harmful to the rights of FindMyMattress.com, any Customer or any third party. In no event shall you use the Site in a manner that exceeds the specific authorization granted by FindMyMattress.com under these Terms & Conditions or by other express written agreement. The prohibition on unauthorized uses includes (but is not limited to) an express prohibition any attempt to: (a) retrieve, alter, or destroy data on, from or through the Site; (b) probe, scan or test the vulnerability of a system or network on, from or through the Site; or (c) breach or defeat system or network security measures on, from or through the Site such as authentication, authorization, confidentiality, intrusion detection, or monitoring; (d) interfere with or disrupt the Site or the business, operations or services of FindMyMattress.com; (e) interfere with or disrupt any computer, host, network, or telecommunications device maintained by FindMyMattress.com or any third party; (f) interfere with or disrupt the legitimate use of the Site by any person; (g) transmit, distribute, disseminate, publish or store any information that is in violation of any applicable law or regulation or is defamatory, abusive, obscene, indecent, or harassing, or that threatens or encourages injury to persons or property or infringement of the lawful rights of FindMyMattress.com or any other party; (h) violate the privacy rights of FindMyMattress.com or any other party under applicable law or regulation; (i) use any technology that is or reasonably should be known to contain software viruses, trojan horses, or any computer code, files, or programs designed to disrupt, destroy, invade, gain unauthorized access to, corrupt, observe, or modify without authorization, any data, software, computing or network devices, or telecommunications equipment of FindMyMattress.com or any Customer or any other third party; (j) use the facilities of the Site to send, relay, forward, bounce, reply, or otherwise route commercial or non-commercial unsolicited electronic messages (commonly referred to as "spam") or commercial electronic messages even if previously solicited by the intended recipient; and (k) copy (whether directly or by use of any "scraping" or related technology) any of the contents of the Site.

This Site may contain links to other websites or you may arrive to our Site through other websites. All these other websites are independent from FindMyMattress.com. FindMyMattress.com has no responsibility for the linked websites nor does it necessarily endorse the linked websites. FindMyMattress.com is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. These links are provided solely as a convenience to users of the Site. If you decide to access any other websites linked to this Site, you do so at your own risk. You should direct any concerns with respect to any other Internet site to that Internet site's administrator or webmaster.

The site and all information contained on it is provided “as is” without warranty of any kind, either express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose or non-infringement. Findmymattress.com makes no warranties with respect to the accuracy or completeness of information contained on the site, or that the site will be error-free or available for uninterrupted use. No advice, results or information, whether oral or written, obtained by you from FindMyMattress.com through the site shall create any warranty. If you are dissatisfied with the site, your sole remedy is to discontinue using the site. You should not rely on the site to maintain any submissions you may make; you should retain all such data and information in your own records for use in the event that the site fails or is unavailable, or the data or information is lost.

You agree to defend, indemnify and hold FindMyMattress.com and each of its subsidiary, affiliated and related entities, and each of their respective directors, officers, members, shareholders, employees and suppliers (collectively the “FindMyMattress.com Parties”), harmless from any and all claims, liabilities, costs and expenses, including reasonable legal fees, arising in any way from your use or misuse of the Site or your breach or violation of the law or of these Terms & Conditions. You agree that the FindMyMattress.com Parties shall not have any liability to you under any theory of liability or indemnity in connection with your use of the Site. You hereby release and forever waive any and all claims you may have against the FindMyMattress.com Parties for losses or damages you sustain in connection with your use of the Site. IN NO EVENT SHALL THE FINDMYMATTRESS.COM PARTIES BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, PROGRAMS OR DATA), RESULTING FROM ACCESS TO, USE OF, OR INABILITY TO USE THE SITE, OR DUE TO ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION VIA THE INTERNET, EVEN IF THE FINDMYMATTRESS.COM PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER ARISING UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.

These Terms & Conditions shall be governed by and construed in accordance with the laws of the State of New York without regard to principles of conflicts of laws. All proceedings relating to the Site or these Terms & Conditions shall be brought in the state or federal courts located in the State of New York and you hereby irrevocably consent to the personal and exclusive jurisdiction of such courts. FindMyMattress.com controls and operates this Site from its offices in New York in the United States of America. FindMyMattress.com does not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access this Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent applicable.

You agree that regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to use of the Site or the Terms & Conditions must be filed by you within one (1) year after such claim or cause of action arose or be forever barred. Should any provision of these Terms & Conditions be held to be void, invalid, unenforceable or illegal by a court of competent jurisdiction, the remaining provisions hereof shall remain in full force and effect. The waiver of any breach or default of these Terms & Conditions will not constitute a waiver of any subsequent breach or default, and will not act to amend or negate the rights of the waiving party. These Terms & Conditions constitute the complete agreement of the parties with respect to the subject matter hereof, and supersede all prior agreements and understandings in relation thereto.