Welcome to mdserta.com. Your access to our Web site is subject to the following Terms and Conditions of Use, which may be updated by us from time to time without notice to you. Your use of our Web site after the posting by us of any changes to this User Agreement will constitute your acceptance of those changes. If you have any questions about this User Agreement, please contact us by sending an e-mail to email@example.com.
YOUR USE OF OUR WEBSITE
You may not reproduce, duplicate, copy, sell, or otherwise transfer or commercially exploit our Web site (or any portion of it), unless you have Mattress Direct's express written permission to do so. You may only use our Web site in accordance with the terms of this User Agreement, any other terms applicable to the various features of our site and all applicable laws, rules, and regulations. Mattress Direct may, in its sole discretion and at any time, discontinue the Mattress Direct Web site, or any part thereof, with or without notice. You agree that you do not have any rights in our Web site and that Mattress Direct will have no liability to you if the Mattress Direct Web site is discontinued or your ability to access our Web site is terminated.
You acknowledge and agree that:
a.YOUR USE OF THE MATTRESS DIRECT WEBSITE IS AT YOUR OWN RISK AND IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. MATTRESS DIRECT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. Because our Web site is provided to you "AS IS," you agree that Mattress Direct shall not be liable to you or to any third party for any delay in delivery of, or failure to deliver, any of your communications or other information you submit using our Web site. Because our Web site is provide to you "AS AVAILABLE," you agree that Mattress Direct shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Mattress Direct Web site or of your ability to access it.
b.Mattress Direct also disclaims any warranty that (i) our Web site will meet your requirements, (ii) our Web site's operation will be uninterrupted, timely, secure, or error-free, and (iii) any information or communication that may be obtained from the use of our Web site (including, but not limited to, our retailers' pricing information) will be accurate or reliable (and Mattress Direct disclaims any liability for damages that may arise from your reliance on any such information or communication).
c.You assume the full responsibility and risk for any damage to your computer or other consequences that result from your downloading any information, software, or other materials through our Web site. Mattress Direct shall have no liability for any damage to your computer, including loss of data, that results from your downloading any such materials. Some states do not allow the disclaimer of implied warranties, so this provision may not apply to you.
Limitation of Liability
YOU AGREE THAT MATTRESS DIRECT SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS OR LOSS OF GOODWILL, USE, OR DATA (EVEN IF MATTRESS DIRECT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), THAT RESULT FROM: (a) YOUR USE OF OR INABILITY TO USE THE MATTRESS DIRECT WEBSITE; (b) ACCESS TO OR ALTERATION OF YOUR PERSONALLY-IDENTIFIABLE INFORMATION OR OTHER INFORMATION IN AN UNAUTHORIZED MANNER; (c) REPRESENTATIONS OR CONDUCT OF ANY THIRD PARTY RELATED TO THE MATTRESS DIRECT WEBSITE; OR (d) ANY OTHER MATTER RELATING TO THE MATTRESS DIRECT WEBSITE. Some states do not allow the limitation of liability, so this provision may not apply to you.
The content that Mattress Direct provides on our Web site, including, but not limited to, text, graphics, images, and logos, is owned by either Mattress Direct or the party that has provided the content to us and is protected by U.S. and international copyright laws. Mattress Direct is the sole and exclusive owner of its compilation of this content on our Web site, and this compilation is also protected by U.S. and international copyright laws. Unpermitted copying of any of this content could lead to copyright infringement. Mattress Direct expects you to respect its copyright rights, as well as the copyright rights of others.
You agree that this User Agreement describes the entire agreement between us with respect to its subject matter. The Mattress Direct Web site was created and is operated under the laws of the State of Illinois. The laws of the State of Illinois will control the terms and conditions provided in this User Agreement, without giving effect to any principles of conflict of laws. If a court of competent jurisdiction finds that any provision of this User Agreement is invalid or enforceable, we both agree that the other provisions of this User Agreement will remain in full force and effect. You agree that regardless of any applicable law to the contrary, you cannot file a claim or cause of action arising out of or related to the Mattress Direct Web site or this User Agreement more than one (1) year after such claim or cause of action arose.
You may cancel your purchase within 48 hours of purchase. There will be a 15% cancellation fee on all cancelled products. Cancellations after 48 hours will incur a 15% cancellation fee and a $150 processing fee.
Refusal of Merchandise - If you refuse your mattress at time of delivery for any reason, you will be assessed a 15% restocking fee.
As a locally owned small business, we appreciate the referrals we receive from our customers. If you have had a positive experience in our store, please tell your friends and family about us. If you'd like, you can even write a review and leave us feedback on our Google business page. If there is anything else we could have done to improve your experience, please let me know at firstname.lastname@example.org so I can have the opportunity to satisfy you and improve our service to future customers.