Last Revised: 7/12/20
Thank you for visiting a Sleep On Mattress website, including but not limited to https://facebook.com/SleepOnMattressBismarck and https://m.me/SleepOnMattressBismarck, and our giveaway drawings. You arrived at this Terms and Conditions from one of the above sites or our social media pages on social media websites (such as Facebook) or our Messenger platforms (such as Facebook Messenger) or our giveaway drawing(s), referred to herein, collectively and individually, as “this web site” or “our web site”.
The following Terms and Conditions from Sleep On Mattress (hereinafter “COMPANY”, “We”, and “Us”) govern your use of the above web sites, including but not limited to our giveaway drawings, and apply to your access and use of them.
By accessing or using this web site, you are acknowledging and accepting, and agree to be bound by, the Terms and Conditions described herein. These Terms and Conditions are subject to change or modification by COMPANY at any time and at our discretion without notice. Except as specified elsewhere herein, your continued use of this web site after any changes are implemented constitutes your acceptance of the changes. As a result, we encourage you to consult the Terms and Conditions each time you use this web site. If you do not agree with the Terms and Conditions, please do not use or access our web site.
Please read carefully, and note our MANDATORY ARBITRATION PROVISION and WAIVER OF CLASS ACTION PROVISION.
Please also note that Sleep On Mattress is an entity based in Bismarck, North Dakota that primarily serves customers in North America.
1. INTELLECTUAL PROPERTY
You acknowledge and agree that all content and materials available on this web site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by COMPANY, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content.
As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this web site is strictly prohibited without the express written permission of COMPANY. For information on requesting such permission, please contact us using the contact information listed in the section entitled “Contacting Us”.
2. ABILITY TO ACCEPT TERMS AND CONDITIONS / LIMITATIONS ON USE
You affirm that you are either 18 years of age or older, or an emancipated minor, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions.
If you are provided a password to access this web site, then that password is for your personal use only, unless otherwise specified. You agree to be responsible for the security of your password.
3. PRODUCT DELIVERY / SITE CONDUCT
- You will not sell access to this web site or giveaways or duplicate and sell any of its content without written permission.
- Where applicable, the giveaways and this web site content is meant for informational and entertainment purposes only. It is not intended as specific medical, legal, commercial, financial, tax or other professional advice. Use of the information and entertainment on this web site are at your own risk.
- Use of content on this web site, unless otherwise stated, is for your own personal, non-commercial use. You may not distribute content, print multiple copies, or use the content for public display or performance unless otherwise stated.
- We reserve the right to discontinue or modify without notice or liability, any portion of this web site. However, in the rare event that We decide to discontinue a particular online product or service you have paid for, We will either fulfill the services for the duration of the specific term that you paid for, or in our sole discretion, We will offer you a refund for the services that were not yet rendered. If no specific duration was specified for how long a particular online product or service will be available, such product or service will be made available to you for a minimum of one year, or for however long We continue to support that version of the program, whichever is later.
- You affirm, represent, and warrant that your participation on this web site and the content you submit does not relate to pornography, illegal activities of any kind, occult, hate, or racism. You also represent and warrant that content you submit does not violate the intellectual property rights of third parties. COMPANY reserves the right to make the final decision regarding what is appropriate. COMPANY further reserves the right to remove content or terminate your account and information without prior notice for a violation of this provision.
- You understand and agree to not place an unreasonable burden on the server hosting this web site or giveaway(s) systems, to not interfere with the running of this web site and to not attempt unauthorized access to any portion of this web site.
- You understand and agree not to provide false information about yourself, to impersonate another individual or provide misleading or false content.
- Please do not send any confidential or proprietary information to COMPANY unless specifically requested by COMPANY. Any such unsolicited information or material sent to COMPANY by you will not be deemed confidential or proprietary. Furthermore, you agree that any ideas, suggestions, or improvements that you provide to COMPANY about COMPANY’s products, services, giveaways or this web site shall be owned by COMPANY and that COMPANY is free to include such ideas in future products without compensation to you.
- You hereby warrant that any information in all forms, comments, pictures, videos, audios that you submit to COMPANY through this web site is owned by you and that you have the necessary authority to submit such information. You hereby grant COMPANY a royalty-free, perpetual, worldwide license to display, modify, adapt, create derivative works from, and otherwise use any suggestions, ideas, comments, pictures, videos, audios and information in all forms that you provide to COMPANY.
Please read the Giveaway Official Rules carefully to understand how COMPANY collects, uses and discloses personally identifiable information from its users and conducts giveaways. The Giveaway Official Rules is hereby incorporated by reference as part of these Terms and Conditions.
5. THIRD PARTY REFERENCES / HYPERLINKS
This web site may link you to other sites on the Internet that are not operated by the Company (“Third-Party Sites”). COMPANY may also use Third-Party Sites to set up pages, accounts and / or groups (such as Facebook or LinkedIn), but is not obligated to do so.
These Third-Party Sites may contain information or material that some people may find inappropriate or offensive. These Third-Party Sites are not under the control of COMPANY, and you acknowledge that COMPANY is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the other site by COMPANY or any association with its operators.
You agree to access and use any Third-Party Sites and the third-party content contained therein at your own risk. You acknowledge that a Third-Party Site may collect personal information about you, and any personal information you disclose or submit to a Third-Party Site will not be under control of the Company. The Company assumes no responsibility or liability for the privacy and information collection policies of third parties operating any Third-Party Site and we suggest contacting the providers of those sites directly for information on their privacy policies.
6. CONTACTING US
If you need to contact us, you can email us at rob @ sleep on mattress.com, call us at 701-751-1891, or send us a letter at: Sleep On Mattress, 2700 State St, Bismarck, ND 58503.
7. DISCLAIMER OF WARRANTIES
ALL MATERIALS, INFORMATION, SOFTWARE, GIVEAWAYS, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS WEB SITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT. COMPANY AND ITS AGENTS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS WEB SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS WEB SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
8. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL COMPANY OR ITS AGENTS, ASSIGNS, AFFILIATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AND CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS WEB SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IN NO EVENT SHALL THE AMOUNT OF COLLECTIVE LIABILITY OF COMPANY AND ITS AGENTS, AFFILIATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AND CONTRACTORS EXCEED THE AMOUNT ACTUALLY PAID TO COMPANY FOR PRODUCTS OR SERVICES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, COMPANY’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. Any provision herein to the contrary notwithstanding, the maximum liability of COMPANY to any person, firm or corporation whatsoever arising out of or in the connection with any license, any use or any other employment of any Content delivered to You hereunder, whether such liability arises from any claim based on breach or repudiation of contract, warranty, tort or otherwise, shall in no case exceed the actual price paid to COMPANY by You for the Content whose license, use, or other employment gives rise to the liability. The essential purpose of this provision is to limit the potential liability of COMPANY arising out of this Agreement. The parties acknowledge that the limitations set forth in this Section are integral to the amount of consideration levied in connection with the web site and any products and / or services rendered hereunder and that, were COMPANY to assume any further liability other than as set forth herein, such consideration would of necessity be set higher.
10. SEVERABILITY AND INTEGRATION
11. GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of North Dakota.
12. ARBITRATION OF DISPUTES
NOTICE: BY USING THIS WEB SITE, YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THIS “ARBITRATION OF DISPUTES” PROVISION DECIDED BY NEUTRAL ARBITRATION AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE “ARBITRATION OF DISPUTES” PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION YOU MAY BE COMPELLED TO ARBITRATE ANYHOW PURSUANT TO A COURT ORDER. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. IF YOU DO NOT WISH TO AGREE TO ARBITRATION, THEN YOU MAY NOT USE THIS WEB SITE.
13. CLASS ACTION WAIVER
ARBITRATION OR ANY OTHER LEGAL ACTION ARISING IN CONNECTION WITH THE USE OF THIS WEB SITE, THE SERVICES OR GIVEAWAYS OFFERED THROUGH THIS WEB SITE, OR THESE TERMS AND CONDITIONS MUST BE ON AN INDIVIDUAL BASIS, WHERE ALLOWED BY APPLICABLE LAWS. THIS MEANS NEITHER YOU NOR COMPANY MAY JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
14. ATTORNEYS’ FEES
In any dispute, action, proceeding, or arbitration regarding the use of this web site or these Terms and Conditions, including the enforcement of any arbitration provision herein, the party prevailing in such action or proceeding shall be entitled to recover, in addition to any other award of damages or other remedies, its reasonable attorneys’ and experts’ fees, costs and expenses (including, without limitation, expenses for expert witnesses and all reasonable attorneys’ fees, costs and expenses upon appeal).