Terms

Terms of Use

Mattress Discounters – Terms of Use

Last Updated: June 15, 2012

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE

Introduction

Welcome to Mattress Discounters’ website at www.saveatmd.com (“Site”). Mattress Discounters (“Mattress Discounters”) provides products and services to you on our Site subject to the following Terms of Use. By using our Site, you signify that you have read, understand and agree to be legally bound by these Terms of Use. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. Mattress Discounters will provide notice of material changes to these Terms of Use only by posting such changes on our Site and updating the “last updated” date set forth above. If you do not agree to abide by these or any future Terms of Use, your only recourse is to immediately cease use of the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Use. We encourage you to review the Terms of Use each time you visit our Site to see if it has been updated since your last visit.


User Conduct

You agree not to use the Site to:

  • upload, post, email, transmit or otherwise make available any content that we deem to be unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
  • harm minors in any way;
  • impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site;
  • upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
  • upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  • upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
  • upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • interfere with or disrupt the service or servers or networks connected to the service, or disobey any requirements, procedures, policies or regulations of networks connected to the service;
  • intentionally or unintentionally violate any applicable local, state, national or international law;
  • “stalk” or otherwise harass another;
  • collect or store personal data about other users;

 


Proprietary Rights

Copyrights. All content on the Site, including but not limited to design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement (“Content”), are either Copyright © 2012 The Sleep Train, Inc., or are the proprietary property of the affiliates or licensors of The Sleep Train, Inc. All rights reserved.

The Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Mattress Discounters’ prior written permission.

Please note that this limited consent, if provided, is contingent upon your compliance with these Terms of Use. Consent may be revoked at any time and does not include consent to republish Content on any Internet, Intranet or Extranet site or to incorporate the information in any other database or compilation. Any other use of the Content is strictly prohibited.

Trademarks. All trademarks on the Site are either trademarks or registered trademarks of Mattress Discounters or its affiliates or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Mattress Discounters. All page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of Mattress Discounters or its affiliates, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Mattress Discounters. Other trademarks, registered trademarks, product names, and company names or logos displayed on the Site are the property of their respective owners.


Copyright Complaints

Mattress Discounters respects the intellectual property of others. If you believe your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material on the Site, please contact us at customerservice@saveatmd.com


Disclaimer of Warranty

THE SITE AND THE CONTENT AVAILABLE THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT USE OF THIS SITE AND/OR ITS CONTENT IS AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MATTRESS DISCOUNTERS AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT AND/OR DATA DOWNLOADED OR ACCESSED FROM OR THROUGH THE SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS, YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT AND/OR DATA.

MATTRESS DISCOUNTERS ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY A USER, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS, NONDELIVERIES OF CONTENT OR EMAIL, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OF CONTENT OR EMAIL, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF MATTRESS DISCOUNTERS, ITS AFFILIATES, ITS LICENSORS, OR A USER’S OWN ERRORS AND/OR OMISSIONS EXCEPT AS SPECIFICALLY PROVIDED HEREIN.

MATTRESS DISCOUNTERS DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THE SITE WILL BE MAINTAINED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN WRITING.

ALTHOUGH MATTRESS DISCOUNTERS WILL, IN MOST CIRCUMSTANCES, BE ABLE TO RECEIVE YOUR E-MAIL OR OTHER INFORMATION PROVIDED THROUGH THIS WEBSITE, MATTRESS DISCOUNTERS DOES NOT GUARANTEE THAT IT WILL RECEIVE ALL SUCH E-MAIL OR OTHER INFORMATION TIMELY AND ACCURATELY AND SHALL NOT BE LEGALLY OBLIGATED TO READ, ACT ON, OR RESPOND TO ANY SUCH E-MAIL OR OTHER INFORMATION. BE AWARE THAT INTERNET E-MAIL TYPICALLY IS NOT SECURE.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.


Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL MATTRESS DISCOUNTERS OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE OR ANY CONTENT CONTAINED ON THE SITE, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF MATTRESS DISCOUNTERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES ACKNOWLEDGE THAT THIS IS A REASONABLE ALLOCATION OF RISK.

MATTRESS DISCOUNTERS TRIES TO ENSURE THAT ALL INFORMATION PROVIDED AS PART OF THIS WEBSITE IS CORRECT AT THE TIME OF INCLUSION ON THE WEBSITE. MATTRESS DISCOUNTERS DOES NOT GUARANTEE THAT ANY CONTENT IS ACCURATE OR COMPLETE, INCLUDING PRICE INFORMATION AND PRODUCT SPECIFICATIONS. MATTRESS DISCOUNTERS IS NOT LIABLE FOR ANY ACTION YOU MAY TAKE AS A RESULT OF RELYING ON SUCH INFORMATION OR ADVICE OR FOR ANY LOSS OR DAMAGE SUFFERED BY YOU AS A RESULT OF TAKING THIS ACTION.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.


Indemnification; Damages for Unauthorized Access

You hereby agree to indemnify, defend, and hold us and our affiliates and our officers, directors, owners, agents, information providers, licensors, and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liabilities and costs (including reasonable attorneys’ fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Use. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

You acknowledge and agree that your violation of the terms and conditions of these Terms of Use through unauthorized use of or access to the Site will result in a minimum of five-thousand dollars ($5,000.00) in damages to Mattress Discounters based on our costs for implementing additional security measures resulting from, and our investigation into, any such violation.


Links; Third Party Content; Third Party Use of Information

Our Site may provide, or third parties may provide, links to other World Wide Web resources. Because Mattress Discounters has no control over such sites and resources, we explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from the Site. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from the Site or third-party content on our Site. We do not endorse any of the merchandise nor have we taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites and third-party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

You hereby consent to the use of any information you provide on this Site by third parties we have engaged to assist us in fulfilling your requests and operating and maintaining our Site and services and you understand and acknowledge that your information may be processed abroad by such third parties.


Privacy

Mattress Discounters cares about the privacy of its users. By using the Site you agree to our Privacy Policy.


General

Entire Agreement: These Terms of Use constitute the entire Agreement between you and Mattress Discounters with respect to the subject matter hereof and governs your use of the Site, superseding any prior agreements between you and Mattress Discounters. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. Mattress Discounters’ failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. Choice of Law and Forum: By visiting the Site, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern this Agreement. The venue for any disputes arising from the use of this Site shall be Sacramento, California.


Dispute Resolution

THIS SECTION PROVIDES FOR THE RESOLUTION OF MOST DISPUTES OR CLAIMS THROUGH ARBITRATION INSTEAD OF COURT TRIALS AND CLASS ACTIONS. YOU SHOULD READ THIS SECTION CAREFULLY; ARBITRATION IS FINAL, BINDING AND SUBJECT TO ONLY VERY LIMITED REVIEW BY A COURT. THIS SECTION GOVERNING DISPUTES WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT.

Mandatory Arbitration

YOU AND MATTRESS DISCOUNTERS AGREE TO ARBITRATE ANY CLAIM, CONTROVERSY OR DISPUTE ARISING UNDER OR RELATED TO THIS AGREEMENT, EXCEPT THAT YOU OR MATTRESS DISCOUNTERS MAY BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT. YOU AND MATTRESS DISCOUNTERS ACKNOWLEDGE THAT THIS AGREEMENT EVIDENCES A TRANSACTION IN INTERSTATE COMMERCE AND THAT THE FEDERAL ARBITRATION ACT WILL GOVERN THE INTERPRETATION AND ENFORCEMENT OF THIS ARBITRATION PROVISION. TO INITIATE ARBITRATION, YOU OR MATTRESS DISCOUNTERS MUST FIRST SEND A WRITTEN NOTICE, VIA CERTIFIED MAIL, TO THE OTHER PARTY INDICATING AN INTENT TO ARBITRATE, WHICH NOTICE WILL INCLUDE: (1) A DESCRIPTION OF THE FACTS; (2) A DESCRIPTION OF THE NATURE OF THE CLAIM; AND (3) THE RELIEF SOUGHT (“NOTICE TO ARBITRATE”). SEND NOTICE TO ARBITRATE TO: MATTRESS DISCOUNTERS, LEGAL DEPARTMENT, ATTN: ARBITRATION, 2205 PLAZA DRIVE, ROCKLIN, CA 95765. BOTH PARTIES AGREE TO MAKE REASONABLE ATTEMPTS TO RESOLVE ANY SUCH DISPUTE; HOWEVER, IF THE PARTIES CANNOT RESOLVE THE DISPUTE WITHIN FORTY-FIVE (45) DAYS OF RECEIPT OF NOTICE TO ARBITRATE, THEN AN ARBITRATION CLAIM MAY COMMENCE. ANY ARBITRATION INITIATED UNDER THIS AGREEMENT WILL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH ITS ARBITRATION RULES (AND THE AAA SUPPLEMENTAL PROCEDURES FOR CONSUMER RELATED DISPUTES AS THEY MAY BE APPLICABLE), AS MODIFIED BY THIS AGREEMENT. INFORMATION CONCERNING THE AAA, ITS ARBITRATION RULES AND OTHER INFORMATION CONCERNING ARBITRATION PROCEDURES AND FEES CAN BE FOUND BY CALLING THE AAA AT 1-800-778-7879 OR VISITING ITS WEBSITE AT http://www.adr.org.

ANY ARBITRATION WILL BE CONDUCTED BY A SINGLE NEUTRAL ARBITRATOR. YOU AND MATTRESS DISCOUNTERS WILL COOPERATE IN GOOD FAITH TO SELECT THE ARBITRATOR WITHIN THIRTY (30) CALENDAR DAYS OF THE COMMENCEMENT OF ANY ARBITRATION PROCEEDING. IF YOU AND MATTRESS DISCOUNTERS CANNOT AGREE UPON A NEUTRAL ARBITRATOR WITHIN THE THIRTY DAY PERIOD, THEN EITHER PARTY MAY REQUEST THAT THE AAA APPOINT, IN ITS SOLE DISCRETION, A NEUTRAL ARBITRATOR. YOU AND MATTRESS DISCOUNTERS FURTHER AGREE THAT NO ARBITRATOR WILL HAVE THE AUTHORITY TO AWARD ANY RELIEF OR REMEDY IN EXCESS OF OR CONTRARY TO WHAT IS PROVIDED IN THIS AGREEMENT, EXCEPT WHERE SUCH PROVISION IS NOT PERMITTED UNDER APPLICABLE LAW. THE ARBITRATOR´S DECISION AND AWARD WILL BE FINAL AND BINDING, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED INTO IN ANY COURT HAVING JURISDICTION. THE LAW THAT IS APPLIED TO THIS AGREEMENT ALSO WILL BE APPLIED IN ANY ARBITRATION PROCEEDING. UNLESS YOU AND MATTRESS DISCOUNTERS OTHERWISE AGREE, ANY ARBITRATION WILL BE CONDUCTED IN SACRAMENTO, CALIFORNIA. ALL ADMINISTRATIVE COSTS AND FEES OF THE ARBITRATION WILL BE BORNE EQUALLY BY YOU AND MATTRESS DISCOUNTERS. YOU AND MATTRESS DISCOUNTERS WILL EACH BEAR THE EXPENSES OF ITS OWN COUNSEL, EXPERTS, WITNESSES, AND THE PREPARATION AND PRESENTATION OF EVIDENCE IN CONNECTION WITH ANY ARBITRATION.

Waiver of Jury Trial and Class Action

BY ENTERING INTO THIS AGREEMENT, YOU AND MATTRESS DISCOUNTERS ACKNOWLEDGE AND AGREE TO WAIVE CERTAIN RIGHTS TO LITIGATE DISPUTES IN COURT, TO RECEIVE A JURY TRIAL, OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY. YOU AND MATTRESS DISCOUNTERS BOTH AGREE THAT ANY ARBITRATION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT A CONSOLIDATED, CLASS-WIDE OR REPRESENTATIVE BASIS AND THAT IF ARBITRATION IS NOT CONDUCTED ON AN INDIVIDUAL BASIS, THIS SECTION WILL BE DEEMED NULL AND VOID. THE ARBITRATOR MAY AWARD INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY´S INDIVIDUAL CLAIM. IF FOR ANY REASON THE ARBITRATION CLAUSE SET FORTH IN THIS AGREEMENT IS DEEMED INAPPLICABLE OR INVALID, OR THE EXTENT THE ARBITRATION CLAUSE ALLOWS FOR LITIGATION OF DISPUTES IN COURT, YOU AND MATTRESS DISCOUNTERS BOTH WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY RIGHT TO PURSUE OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY.


Severability

If any of these terms shall be deemed invalid, void or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining terms.


Termination

Mattress Discounters may terminate this Agreement, or terminate or suspend your access to the Site at any time, with or without cause, with or without notice.


Contact Us

If you have any questions about this Agreement, the practices of this Site, or your dealings with this Site, please contact us at customerservice@saveatmd.com or write to us at the following address:

Mattress Discounters
Attn: Digital Manager
2205 Plaza Dr.
Rocklin, CA 95765