BEST MATTRESSES ONLINE
TERMS & CONDITIONS OF USE
IMPORTANT: BY USING THE SERVICES (AS DEFINED BELOW) YOU ACKNOWLEDGE AND ACCEPT THE FOLLOWING TERMS AND
CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS STATED FORTH HEREIN, PLEASE DO NOT USE THE
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- ACCEPTANCE OF TERMS
2.1 Limited license to access the services
Subject to the terms and conditions stated forth herein, Bestmattressonline.org hereby anoints to you, and you accept, a personal, nonexclusive, non-transferable, non-assignable, non-sublicensable, revocable, limited license to access and make personal non-commercial use of the Service, only according to the terms of these Terms. The license may be granted until terminated in accordance with the Terms hereof.
2.2 Limitations on use
You undertake to use the Service solely for your own personal, non-commercial use, and for no other purpose. You hereby declare that you are eighteen (18) years of age or older, except as specifically permitted herein, you agree not to:
- sell, license (or sub-license), charter, assign, transfer and/or pledge any of your rights under these Terms with/to any third party;
- transfer, distribute, scrap, duplicate all or any part of the Service and/or the Bestmattressonline.org IPR (as defined below) and/or use the Service as a service bureau;
- attribute to the Service by use of framing and/or deep-linking;
- make use of the Service in any jurisdiction where it is illegal or which would subject Bestmattressonline.org or its affiliates to any registration assist within such jurisdiction or country;
- use, or advocate, promote, facilitate or instruct others to use the Service for any illegal, harmful or distasteful use;
- send or upload any viruses, spyware or other harmful, infringing, illegal, disruptive or destructive content, messages or files;
- access the Service through, or use with the Service any unauthorized means, use or tools, including, without limitation, any data mining, bots, or similar automated means or data gathering and extraction tools, including, without limitation, in order to cull for re-utilization of any parts of this Services;
- distribute, publish, send, or promote the sending of any advertisements, spam, inappropriate, inaccurate, misleading, fraudulent, libelous, defamatory, distasteful, threatening, abusive or otherwise illegal content or content which infringes Intellectual Property Rights (as defined herein) of third parties or their rights to privacy;
- reproduce, modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), make any attempt to discover the source code of the Service and/or any other software at use on the Service or create derivative works thereof;
- attempt to retrieve private information from other users in any form or manner whatsoever;
- attempt to interfere with, hack into any transmissions to or from the servers for the Service.
You are solely responsible for accessing, paying for, repairing and maintaining all the equipment, software, hardware and services required for getting access to and using the Services.
- SUBMITTED MATERIALS
3.1 Submitted materials
You shall have exclusive responsibility and liability for Submitted Materials (as defined below). Bestmattressonline.org shall not be held responsible for any and all parts of the Submitted Materials and shall be entitled, under its sole discretion, to remove or alter any of the Submitted Materials at Bestmattressonline.org’s sole discretion and without notice or explanation. NOTHING IN THESE TERMS OBLIGATES Bestmattressonline.org TO EXHIBIT YOUR SUBMITTED MATERIALS OR TO USE IT AT ALL OR IN A CERTAIN MANNER . Please note that any and all of your Submitted Materials will be accessible to the public and may be promoted and transferred onward by Bestmattressonline.org, at its sole discretion, and thus it is advised not to include in them any content or details that you wish to keep private.
3.2 Representations and warranties
You represent and warrant to Bestmattressonline.org that your Submitted Materials:
- comply and will comply with all applicable laws and regulations, the Terms and do not/will not infringe the rights of any third party, including any intellectual property rights and the right to privacy;
- do not and will not incorporate any threatening, offensive, racist, hateful, violent, obscene, libelous, defamatory or otherwise inappropriate or any commercial content;
- are and shall be free from any constraints, third party rights, payment obligations and/or royalties (including, without limitation, to any collecting societies).
"Submitted Materials" shall mean any and all material, text, photographs, videos, and information data provided and/or uploaded by you to the Service.
- OWNERSHIP OF PROPRIETARY RIGHTS
All the Intellectual Property Rights (as stated) evidenced by or embodied in and/or contained and/or subsisting therein and/or attached/connected/related to the Service, containing, without limitation, any underlying software, platforms, algorithms, technology, application and website design, any data, services, texts, Submitted Materials, files, sound, music, videos, various applications, social graphs, organization, design, specifications, application "look and feel", features and/or related content that may be produced in connection with the use of or registration to the Service, including the selection and placement of any of the foregoing, any modifications, enhancements, improvements and derivatives thereof and all Intellectual Property Rights related henceforth (collectively, the "Bestmattressonline.org IPR") are the property of Bestmattressonline.org and/or its respective affiliates, which possess all right, title and interest in connection therewith.
No transfer or grant of any rights is made or is to be inferred by any provision of these Terms or by any other provision contained in the Service with respect to the Bestmattressonline.org IPR or otherwise. In the event that by operation of law any of the Bestmattressonline.org IPR is not owned in its entirety by Bestmattressonline.org automatically upon its creation, then you hereby irrevocably assign, transfer, and convey to Bestmattressonline.org the ownership of such Bestmattressonline.org IPR, including all rights, titles, and interests in connection henceforth, free of any charge. You agree to assist Bestmattressonline.org, at Bestmattressonline.org’s expense, to obtain for Bestmattressonline.org and enforce any Intellectual Property Rights for Bestmattressonline.org IPR worldwide. You will execute any documents that Bestmattressonline.org may reasonably request for use in obtaining or enforcing such Bestmattressonline.org IPR and other legal protections.
"Intellectual Property Rights" means worldwide:
- rights included with works of authorship, designs and photography, along with copyrights;
- trademarks, service marks, domain names, logos, trade names, trade dress and goodwill rights whether or not registered;
- patents, patent applications and industrial styles;
- rights analogous to those set forth henceforth and any other proprietary rights relating to intangible property;
- divisions, continuations, renewals, reissues and extensions of the foregoing (as applicable) now existing or hereafter filed, issued, or acquired.
- USER WARRANTIES AND REPRESENTATIONS
You represent and warrant to Bestmattressonline.org that:
- you have, and will have at all times, all permits, consents and right, title and interest in connection with the Service and are required to fulfill your obligations and grant to Bestmattressonline.org any and all rights, licenses and consents henceforth, including, without constraint in respect of the Submitted Material;
- you and your use of said Service will comply with all applicable laws, rules, regulations, statutes, and ordinances.
YOU AGREE THAT YOUR USE OF THE SERVICES AND/OR THE Bestmattressonline.org IPR SHALL BE AT YOUR OWN RISK. THE SERVICE, INCLUDING, WITHOUT LIMITATION Bestmattressonline.org IPR, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT OF APPLICABLE LAW , Bestmattressonline.org DISCLAIMS ALL WARRANTIES, EXPRESSED OR INFERRED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE. Bestmattressonline.org DOES NOT WARRANT THAT THE Bestmattressonline.org IPR AND/OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SERVICE OR SERVER(S) THAT MAKE THIS SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Bestmattressonline.org DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE Bestmattressonline.org IPR OR SERVICES, INCLUDING, WITHOUT LIMITATION, THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU DEEM ARE NECESSARY OR ADVISABLE TO PROTECT YOURSELF AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF OR RELIANCE UPON SAID SERVICE AND/OR ANY OF Bestmattressonline.org IPR. WITHOUT DEROGATING FROM THE GENERALITY OF THE ABOVE, WITH RESPECT TO EACH AND EVERY CATEGORY OF PRODUCTS, YOU AGREE AND ACKNOWLEDGE THAT Bestmattressonline.org NEITHER PRESUMES NOR COMMITS TO ANALYSE ALL THE PRICES AND OFFERINGS FOR EACH PRODUCT IN THE SPECIFIC PRODUCT CATEGORIES. FURTHERMORE, YOU AGREE THAT Bestmattressonline.org’s PRODUCT RANKINGS AND SELECTIONS ARE SUBJECTIVE AND GENERATED BY Bestmattressonline.org's SEARCH SOFTWARE WHICH TAKES INTO ACCOUNT MULTIPLE PARAMETERS THAT HAVE BEEN SELECTED BY Bestmattressonline.org. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- LIMITATION OF LIABILITY
TO THE MAXIMUM PERMITTED UNDER LAW, UNDER NO CIRCUMSTANCES WILL Bestmattressonline.org AND ITS AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTORS AND SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER ENTITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, UNDER ANY LEGAL THEORY, WHETHER CONTRACT, TORT OR OTHERWISE, FOR ANY EXPLICIT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, INCLUDING, BUT NOT LIMITED TO, ANY LOSS PROFITS AND/OR LOST BUSINESS OPPORTUNITIES, BUSINESS DISRUPTION, LOSS OF REVENUE, INCOME, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOST, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT RESULT FROM OR RELATE IN ANY MANNER WHATSOEVER TO YOUR USE OF THE SERVICES, OR RELIANCE ON ANY OF THE SERVICES AND/OR Bestmattressonline.org IPR, OR TO ANY ERRORS, INACCURACIES, OMISSIONS, DEFECTS, SECURITY BREACHES, OR ANY OTHER FAILURE TO PERFORM BY Bestmattressonline.org.
SOME JURISDICTIONS DO NOT ALLOW THE SUBJUGATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
YOU RECOGNIZE AND AGREE THAT THE WARRANTY DISCLAIMERS AND LIABILITY AND REMEDY CONDITIONS IN THESE TERMS ARE MATERIAL BARGAINED FOR BASIS OF THESE TERMS AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT AND CONSIDERED IN THE DECISION BY YOU TO ENTER INTO THESE TERMS.
You accept to defend, indemnify and hold Bestmattressonline.org and anyone on its behalf, including but not limited to, all of its owners, managers, officers, affiliates, employees, agents, licensors and suppliers harmless from and against any losses, expenses, liabilities, loss, claims, damages (including attorneys' fees, expert fees' and other costs of litigation) arising from, incurred as a result of, or in any manner related to:
- any use of your account and/or use of the Service;
- your violation of any third party right, including, without restriction, any copyright, property, or privacy right, and including any third party claim in respect of the Submitted Materials;
- any breach of these Terms.
- THIRD PARTY CONTENT
The Service contains content, links and attributions to third party service, products and resources. Bestmattressonline.org does not control the availability and content of those secondary services, products and resources. Any worries regarding any such services, products or resources, or any content or link thereto, should be directed to the applicable third party service, product, or resource provider.
Some of the content and materials possible through said Services may be provided by third parties. No reference made in said Service to any third party content (including Submitted Materials and advertisements), commercial product, process, or service, or provider of such product, process or service ("Third Party Content") constitute or mean an endorsement, recommendation or favoring by Bestmattressonline.org.
Any opinions, advice, statements, content, services, products, offers or other details expressed or made available by such third parties, are those of the respective author(s) or distributor(s) and do not state or reflect those of Bestmattressonline.org and Bestmattressonline.org does not endorse, promote, solicit or recommend them or any Third Party Content in any way nor shall Bestmattressonline.org be responsible or liable for any of the foregoing. Any product or service purchased in respect of Third Party Content is not ordered from Bestmattressonline.org, but from the applicable third party service or product provider. Bestmattressonline.org is a mere conduit in respect of Third Party Content and is not obligated to evaluate Third Party Content and makes no warranties or representations as to, and shall have no liability for any of the foregoing.
- NOTICE AND TAKEDOWN
In the event that you believe that any content included in the Services violates your Intellectual Property Rights, right to privacy or is defamatory or otherwise illegal, please file a descriptive notice of complaint to Bestmattressonline.org, identifying such content and detailing the factual basis of your complaint and we will make reasonable efforts to remove the content.
We may end these Terms and/or suspend your right to access or use any portion or all of the Service and/or Bestmattressonline.org IPR immediately (including, without limits, the license set forth in Section 2.1 above), at our sole discretion and without notice. Upon termination you shall immediately cease using the Services and the following Sections shall survive: 1, 2.2, 3-13.
Without derogating from any other right and fix provided to Bestmattressonline.org under law and/or these Terms, Bestmattressonline.org reserves the right to limit or revoke your license and access to and/or use of the Services and/or the Bestmattressonline.org IPR in its sole discretion, at any time, and for any reason, including, but not limited to, technical difficulties or violation of these Terms. If your license to use said Service expires or is terminated, Bestmattressonline.org may, without notice, delete or deny you access to any of the Bestmattressonline.org IPR, Submitted Materials or meta data that may remain in its possession or control.
These Terms shall be governed by and construed in accordance with the laws of Israel, without regard to the principles of conflict of law therein. The parties consent to the exclusive jurisdiction of the thoughtful courts of Tel-Aviv with regard to all claims arising out of, in connection with, or in any way relating to, these Terms. The application of the United Nations Convention of Contracts for the International Sale of Goods or other international laws is expressly excluded;
if any provision of these Terms is held to be unenforceable, such provision will be reformed only to the extent necessary to make it enforceable and if such provision is determined to be invalid or not enforceable nonetheless, the provision shall be deemed to be severable from the remainder of these Terms and shall not cause the invalidity or unenforceability of the remainder of these Terms;
You acknowledge and agree that Bestmattressonline.org has the right, at any time and for any reason, to redesign or modify the Bestmattressonline.org IPR and other elements of said Service or any part thereof;
this is the entire agreement between you and Bestmattressonline.org regarding the subject matter herein;
Bestmattressonline.org may assign these Terms, in whole or in part, in its sole discretion. You are not entitled to assign or otherwise transfer the Terms, or any of your rights or obligations hereunder, to any third party without the prior written consent of Bestmattressonline.org. Any unauthorized assignment will be void and of no force or effect;
unless otherwise expressly provided, no provisions of these Terms are intended or shall be construed to confer upon or give to any person or entity other than you and Bestmattressonline.org any rights, remedies or other benefits under or by reason of these Terms;
the failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches;
all waivers must be in writing. Any waiver or failure to enforce any provision of these Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion;
any cause of action arising out of or related to the Services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
If you have any further questions or require further clarification, please contact us.