TERMS OF USE

  1. Acceptance of Terms of Use.By accessing our Site (as defined below), you expressly accept and agree to be legally bound by and comply with all of the terms and conditions set forth herein, as well as the following legal notices (which are incorporated herein by this reference):

Privacy Policy.

To view these legal notices, please click on the title of each notice.

The terms and conditions set forth herein, and the provisions of the above-referenced legal notices, are referred to hereinafter collectively as the “Terms of Use.”

If you do not agree to the Terms of Use, please do not access or use any Service or Content of our Site. We reserve the right, in our sole discretion, to update or revise the Terms of Use at any time.

  1. Ability to Accept Terms of Use. As a condition of your use of any Service or Content of our Site, you represent and warrant that you: (a) are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent; and (b) are fully able and competent to understand, assent to, and enter into the Terms of Use, and to abide by and comply with the Terms of Use.  In any case, no one under 13 years of age may use our Site or any Service or Content of our Site.
  1. Certain Definitions. As used herein, the term “our Site” means any of the following: customcomfortmattress.com; any WAP or mobile site associated with customcomfortmattress.com, whether existing now or in the future; and/or any official page or channel established now or in the future by any Custom Comfort Mattress Company related-entity on third-party social networking sites and user-generated content hosting sites; the term “Service” means any online service provided by or through our Site, including, without limitation, internet access, email, instant messaging, mobile messaging, webcast, Content downloads, wireless delivery of Content, forums, chat rooms, bulletin boards, message boards, story boards, weblogs, videoblogs (vlogs), social networking services, and shopping channels, whether existing now or in the future; the term “Content” means any and all content, information, data and material made available on our Site, including, without limitation, text, images, photographs, videos, audios, music, ringtones, wallpapers, graphics, logos, icons, and merchandise items; the term “User” means you or any other person or entity who accesses or uses our Site or any Service or Content.
  2. Right to Terminate.Any violation of the Terms of Use by a User may result in civil or criminal liability, and we may, in addition to any remedy that we may have at law or in equity, immediately terminate permission for any User or, if necessary, for all Users to use our Site and all Services and Content. We reserve the right, but we are not obligated, to terminate or remove any Service or Content that, in our sole judgment, violates the Terms of Use or any applicable law, or may expose or subject our Site to liability of any kind, or may adversely affect the reputation or goodwill of our Site or Custom Comfort Mattress Company.
  3. Right to Investigate. We may investigate any suspected or alleged violation of the Terms of Use and cooperate with law enforcement authorities and/or third-parties in such investigation.  YOU HEREBY WAIVE AND AGREE NOT TO ASSERT ANY CLAIMS AGAINST US OR ANY CUSTOM COMFORT MATTRESS COMPANY RELATED ENTITY BASED UPON ANY INVESTIGATION BY US OR ANY CUSTOM COMFORT MATTRESS COMPANY RELATED ENTITY OR LAW ENFORCEMENT AUTHORITIES, OR ANY ACTION TAKEN IN CONNECTION WITH OR AS A RESULT OF SUCH INVESTIGATION.
  4. Right to Disclose. You understand and agree that we have the right at all times to disclose the identity of a User in connection with internal investigation of any abuse of our Site or any Service, law enforcement authorities’ investigation of alleged illegal activity, or in response to a lawful court order or subpoena.
  5. Prohibited Use and Reporting Abuse.We do not permit or tolerate any illegal, abusive, harmful or improper use of our Site or any Service or Content, or any use that interferes with other Users’ enjoyment of our Site or any Service or Content. Without limiting the generality of the foregoing, we specifically prohibit the following activities:

(a) Collecting, storing, posting, transmitting or soliciting any material, information, message or communication, or engaging in, soliciting, inducing, encouraging or contributing to any act or conduct that is unlawful, harassing, stalking, threatening, abusive, defamatory, libelous, slanderous, scandalous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, pornographic, vulgar, profane, racist, discriminating, or otherwise objectionable or offensive;

(b) Collecting, storing, posting, transmitting or soliciting any material, information, message or communication, or engaging in, soliciting, inducing, encouraging or contributing to any act or conduct that infringes upon or violates any patent, copyright, trademark, trade secret, right of privacy or publicity, or other intellectual property or proprietary right of any person or entity, including, without limitation: (i) copying, reproducing, displaying, exhibiting, performing, transmitting, sharing or distributing any copyrighted work or material without permission or consent from the copyright owner; and (ii) providing information, software, programs or tools that enable circumvention of manufacturer-installed copy-protected devices;

(c) Collecting, storing, posting, transmitting or soliciting any material, information, message or communication, or engaging in, soliciting, inducing, encouraging or contributing to any act or conduct that violates or may give rise to criminal or civil liability under any federal, state, local, national or international law, including, without limitation, the U.S. export control laws and regulations and the Computer Fraud and Abuse Act;

(d) Collecting, storing, posting, transmitting or soliciting personal information (including, without limitation, biographical, residential, social, marital, occupational, financial, and health information) about other Users without their knowledge or consent, through “phishing” or under any other false pretense

(e) Collecting, storing, posting, transmitting or soliciting personal information about persons under the age of 18;

(f) Collecting, posting, transmitting or soliciting harmful computer software viruses, bugs, worms, codes, files or programs;

(g) Promoting or soliciting involvement in or support of a political platform, religion, cult or sect;

(h) Promoting or soliciting gambling or engaging in any gambling or similar activity;

(i) Promoting or providing instructional information about illegal activities, promoting physical harm or injury against any group or individual, or promoting any act of cruelty to animals;

(j) Gaining or attempting to gain unauthorized access to any Service, profiles, blogs, chat rooms, communities, or account information, or providing or soliciting personal identifying information for commercial or unlawful purposes;

(k) Impersonating, or otherwise misrepresenting affiliation, connection or association with, any person or entity;

(l) Engaging in any act to deceive or mislead, including, without limitation, (i) falsifying User information; (ii) forging or otherwise manipulating headers or other identifying information in order to disguise the origin of any User; (iii) using invalid or non-existent domain names or other means of deceptive addressing in User Postings; and (iv) relaying email or other material in an anonymous fashion, relaying email or other material from any third-party’s server without that third-party’s permission, or using similar techniques to hide or obscure the source of email or other material;

(m) Transmitting or distributing “junk mail,” “chain mail” or “chain letters,” or engaging in unsolicited mass emailing, “spamming” or “spimming,” or making fraudulent offers to sell or purchase, or conducting any type of financial scam such as “pyramid schemes” and “ponzi schemes”;

(n) Engaging in “trolling,” such as posting material, information, message or communication that is off-topic, absurd, or meaningless, with the intent of causing disruption or provoking reaction from others, or disrupting the normal flow of dialogue, causing a screen to “scroll” faster than other Users are able to type, or otherwise acting in a manner that negatively affects other Users’ ability to engage in real time exchanges;

(o) Disrupting or interfering with other Users’ use of our Site or any Service or Content or any system or network, including, without limitation, (i) making “denial of service” attacks against another system or network host or another User; (ii) hacking, mail-bombing, flooding, overloading, attacking or otherwise sabotaging or interfering with a system or network; and (iii) without permission from the owner or host of a system or network, accessing such system or network, monitoring data or traffic, probing, scanning, testing firewalls, testing the vulnerability of such system or network, or breaching the security or authentication routines of such system or network;

(p) Reselling or attempting to resell any Service without our prior authorization; and

(q) Any other activities that we determine, in our sole discretion, are illegal, abusive, harmful or improper.

  1. Proprietary Rights.You acknowledge and agree that all Content on our Site is protected by copyrights, trademarks, service marks, patents, trade secrets, and/or other proprietary rights that belong to Custom Comfort Mattress Company and its licensors. You may not copy, reproduce, sell, distribute, disseminate, transmit, publicly display, publish, modify, adapt, edit or otherwise exploit any such Content for any purposes, by any means or in any media, other than: (a) printing or downloading for your personal, non-commercial use ONLY, provided that you must keep intact all copyright, trademark and other proprietary rights notices contained in or accompanying such Content; and/or (b) as expressly authorized by us. The systematic retrieval of any such Content to create or compile, directly or indirectly, a collection, compilation, database or directory without our prior written permission is prohibited. In addition, use of any Service or Content for any purpose not expressly permitted in these Terms of Use is prohibited.
  2. Custom Comfort Mattress Company Trademarks. As used herein, “Custom Comfort Mattress Company Trademarks” means all names, marks, brands, logos, designs, trade dress and other designations that belong to the Custom Comfort Mattress Company, including, without limitation, CUSTOM COMFORT MATTRESS COMPANY, customcomfortmattress.com, TRUDELL BROS., DAVID VS. GOLIATH, SILVIO & SONS, CCMC, ULTRA KING and CUSTOM COMFORT RESERVE. You may make reference to the Custom Comfort Mattress Company Trademarks but only if your reference is truthful and not misleading. You may not remove or alter any Custom Comfort Mattress Company Trademark. You acknowledge the rights of Custom Comfort Mattress Company in the Custom Comfort Mattress Company Trademarks and agree that any and all use of the marks shall inure to the sole benefit of Custom Comfort Mattress Company. You agree not to incorporate any Custom Comfort Mattress Company Trademark into your marks, names, logos, domain names, links or designations.
  1. Third Party Trademarks. All other trademarks and service marks that may appear on our Site are the property of their respective owners.
  2. Third Party Websites. Our Site may provide links to certain third-party websites for your convenience only. These third-party sites are not owned or controlled by Custom Comfort Mattress Company. Therefore, we do not warrant or guarantee the availability, completeness, correctness, accuracy, usefulness, timeliness or reliability of, or the results of your use of or reliance upon, any information or material contained in such third-party sites. Also, by merely linking to a third-party site, we by no means sponsor, endorse, approve or recommend such third-party site, or any information, material, views, opinions, products or services posted, offered or advertised on such third-party site. You acknowledge that you access and use such third-party sites solely at your own risk. You agree that under no circumstances will we be liable in any way for any information or material contained in any third-party sites linked to or from our Site. We are not responsible for any errors or omissions associated with such third-party sites, or for any loss or damage of any kind incurred as a result of your use of or reliance upon any information or material contained in such third-party sites.

Conditions for Linking to Our Site.  You may link to our Site, but subject to the following conditions:

  • Your link must be a text-only link to our Site;
  • You do not“frame” or otherwise create a browser or border environment around any page or content of our Site;
  • You do not“inline link” to any content or internal page of our Site;
  • You do notuse any logo or design mark of Custom Comfort Mattress Company in or as your link to our Site;
  • You do notcopy, reproduce, alter, modify, perform, display, or distribute any content of our Site;
  • You do notlink to our Site from any adult or sexually oriented website;
  • You do notmisrepresent or falsely suggest that your website is sponsored, endorsed or approved by, or is affiliated or otherwise connected or associated with, our Site;
  • You do notpublish false, misleading or inaccurate information about, or otherwise disparage, our Site, or any product or service of Custom Comfort Mattress Company; and
  • You link to our Site entirely at your own risk; we make no representation or warranty, express or implied, regarding our Site or its content (all of which is provided “as is” and “as available”); and we are under no obligation to support your link to our Site.

By linking to our Site, you acknowledge acceptance of all of the above conditions and agree to be bound by them. If you do not agree, please DO NOT link to our Site. Any deviation from the above conditions must be specifically authorized in writing by us.

  1. Dealings with Advertisers. We may allow certain third-parties to place, display, serve or sponsor advertisements on our Site, now or in the future. Your communication or business dealings with, or participation in promotions of, such advertisers, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertisers. You agree that we shall be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on our Site.
  2. Disclaimer of Warranties.YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(A) OUR SITE IS FOR GENERAL INFORMATIONAL, EDUCATIONAL AND COMMERCIAL PURPOSES ONLY, AND DOES NOT INTEND TO ADVISE, INSTRUCT OR MAKE RECOMMENDATIONS WITH RESPECT TO ANY PARTICULAR SUBJECT, MATTER, MATERIAL, PROBLEM, SITUATION OR INDIVIDUAL.

(B) OUR SITE AND ALL SERVICES AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO OUR SITE AND ANY AND ALL SERVICES AND CONTENT, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES OF TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT OR GUARANTEE THE AVAILABILITY, ACCESSIBILITY, COMPLETENESS, CORRECTNESS, ACCURACY, USEFULNESS, TIMELINESS, RELIABILITY OR SAFETY OF, OR THE RESULTS OF YOUR USE OF OR RELIANCE UPON, OUR SITE OR ANY SERVICE OR CONTENT. WE ALSO DO NOT WARRANT OR GUARANTEE THAT OUR SITE AND ALL SERVICES AND CONTENT WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT OUR SITE AND ALL SERVICES AND CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

(C) YOUR USE OF OR RELIANCE UPON OUR SITE OR ANY SERVICE OR CONTENT IS ENTIRELY AT YOUR OWN RISK. WITHOUT LIMITATION TO THE FOREGOING, WE ARE NOT RESPONSIBLE FOR OTHERS’ USE OR MISUSE OF ANY PERSONAL INFORMATION, DATA, PHOTOGRAPHS, VIDEOS, AUDIOS, OR OTHER MATERIAL ABOUT YOU, YOUR FAMILY, OR FRIENDS THAT YOU POST OR ALLOW OTHERS TO POST ON OUR SITE. WE RECOMMEND THAT YOU USE DISCRETION WHEN POSTING ANY SUCH INFORMATION. LIKEWISE, WE ARE NOT RESPONSIBLE FOR YOUR EXPOSURE TO ANY CONTENT (INCLUDING ANY USER POSTING) THAT IS OFFENSIVE, INDECENT OR OTHERWISE OBJECTIONABLE TO YOU OR TO OTHERS.

  1. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(A) IN NO EVENT SHALL WE BE LIABLE UNDER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND, OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) ARISING FROM OR IN CONNECTION WITH YOUR USE OF, YOUR INABILITY TO USE, OR YOUR RELIANCE UPON, OUR SITE OR ANY SERVICE OR CONTENT (INCLUDING ANY USER POSTING), REGARDLESS OF WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.

(B) IN NO EVENT SHALL OUR TOTAL AND AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO YOUR USE OF, YOUR INABILITY TO USE, OR YOUR RELIANCE UPON, OUR SITE OR ANY SERVICE OR CONTENT (INCLUDING ANY USER POSTING), EXCEED THE AMOUNT ACTUALLY PAID, IF ANY, BY YOU TO OUR SITE FOR YOUR USE OF ANY SERVICE OR CONTENT OF OUR SITE DURING THE TERM OF YOUR MEMBERSHIP.

(C) BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OR TOTAL LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

  1. Indemnification. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD US, AND THEIR RESPECTIVE AGENTS, REPRESENTATIVES, EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, OWNERS, PARTNERS, LICENSORS, LICENSEES, SPONSORS, SUPPLIERS AND CONTRACTORS, HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, CAUSES OF ACTION, DEMANDS, SUITS, PROCEEDINGS, JUDGMENTS, ORDERS, DAMAGES, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES AND LEGAL COSTS) ARISING FROM OR IN CONNECTION WITH (A) YOUR USE OF, YOUR INABILITY TO USE, OR YOUR RELIANCE UPON, OUR SITE OR ANY SERVICE OR CONTENT (INCLUDING ANY USER POSTING); (B) ANY USER POSTINGS, SUBMISSION OR COMMUNICATION MADE BY YOU; OR (C) YOUR BREACH OF ANY OF YOUR REPRESENTATIONS, WARRANTIES, COVENANTS OR AGREEMENTS CONTAINED HEREIN, OR YOUR VIOLATION OF ANY OF THE TERMS OF USE. WE RESERVE THE RIGHT, AT OUR OWN COST, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU SHALL FULLY COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.
  2. International Use. We make no representation or warranty that our Site and all Services and Content are appropriate or available for use in locations outside the United States of America. Accessing our Site or any Service or Content from territories in which such access is illegal is prohibited. You agree that if you choose to access our Site or any Service or Content from any locations outside the United States of America, you do so at your own risk and are solely responsible for compliance with local laws.

 

  1. Governing Law Jurisdiction.You expressly acknowledge and agree that:

(a) Our Site shall be deemed solely based in the State of California, U.S.A.;

(b) Our Site shall be deemed a passive website that does not give rise to personal jurisdiction over the owner or operator of our Site, either specific or general, in jurisdictions other than the State of California, U.S.A.;

(c) These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, U.S.A., without regard to its conflict of laws principles; and

(d) Any dispute arising between you and us concerning our Site or any Service or, or concerning the Terms of Use, shall be decided exclusively by state and federal courts located in the County of Orange, State of California, U.S.A.

  1. Miscellaneous.These Terms of Use constitute the entire agreement between you and us concerning your use of our Site. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, all of which shall remain in full force and effect. No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or a waiver of any other provision, and our failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.