Effective May 17th, 2021
Please review the following Terms to understand important provisions regarding limitation of liability, waivers, indemnities, arbitration, consent to electronic disclosures, and other important provisions.
Please read this Terms of Service agreement (the “Agreement”) carefully. Your use of the Site constitutes your agreement to be bound by this Agreement. This Agreement is between you (“you”) and (“the Company,” “we,” “us”) concerning your use of the website owned and controlled by us from which you are accessing this Agreement (together with any successor site(s), and all Site Services and Site Content, the “Site”).
This Agreement contains an agreement to arbitrate all claims and disclaimers of warranties and liability.
You must be at least 18 years of age to use the Website. By agreeing to these Terms, SmartMattressBuy grants you the limited, conditional right to use the website, including the limited right to view, bookmark, download, and print, for your noncommercial, personal use and information only, on those pages of the website that interest you, subject to these Terms or any guidelines posted on the Website.
In order to access the website, you may select a password or username and establish one or more account security questions or other logon credentials with SmartMattressBuy (collectively, the “Access Credentials”). You are solely responsible for all transactions and transmissions that occur through the use of your Access Credentials, and it is your responsibility to maintain and promptly update your Access Credentials. You agree that SmartMattressBuy is not liable to you or any third party for damages or losses related to the accuracy or disclosure to SmartMattressBuy of your Access Credentials. It is your responsibility to maintain the confidentiality of your Access Credentials. You will not share your Access Credentials with any other person, nor allow another person to use your Access Credentials. If you believe that someone has used your Access Credentials to access the website without your authorization, please contact SmartMattressBuy immediately at SmartMattressBuy Customer Care .Your right to access and use the website is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the website for lawful purposes and pursuant to these Terms. You may not use the website as a broker of financial products or services or otherwise in order to obtain financial products or services available through the website for a third party. You will only use the website in connection with seeking financial products and services for your own personal, family, or household use or that of your organization.
Your access and use of the website may be interrupted from time to time for any reason, including, without limitation to, the malfunction of equipment, periodic updating, maintenance, repair of the website, or other actions that SmartMattressBuy, in its sole discretion, may elect to take. SmartMattressBuy reserves the right to suspend or discontinue the availability of the website and/or any portion or feature of the website at any time in its sole discretion and without prior notice.
Any act or omission by you that: (i) violates these Terms; (ii) restricts, inhibits, or prevents any access, use, or enjoyment of the website by anyone; or (iii) through the use of the website, defames, abuses, harasses, offends, or threatens anyone, shall not be permitted, and may result in your loss of the right to access and use the website, in SmartMattressBuy’s sole discretion, in addition to any other remedies SmartMattressBuy may have. SmartMattressBuy reserves the right to disclose the identity of anyone posting or transmitting any information or materials violating the provisions of these Terms to law enforcement authorities or pursuant to any court order requesting or directing SmartMattressBuy to disclose such information.
The Content and all services and products associated with SmartMattressBuy are provided to you on an “as-is” and “as available” basis. SmartMattressBuy makes no representations or warranties of any kind, express or implied, as to the operation of SmartMattressBuy or the information, content, materials, products or services included on or associated with SmartMattressBuy. You expressly agree that your use of SmartMattressBuy and all products and services included on or associated with SmartMattressBuy is at your sole risk.
SmartMattressBuy does not make any representations, warranties or guarantees, express or implied, regarding the accuracy, correctness, or completeness of the content or the services and products associated with SmartMattressBuy, nor the safety, reliability, title, timeliness, completeness, merchantability, conformity, or fitness for a particular purpose of the content or the services and products associated with SmartMattressBuy. It is your sole responsibility to independently evaluate the accuracy, correctness, or completeness of the content and the services and products associated with SmartMattressBuy. SmartMattressBuy makes no representation, warranty or guarantee that the content available for download from SmartMattressBuy is free of infection from any viruses, worms, Trojan horses, trap doors, back doors, easter eggs, time bombs, cancel bots, or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information.
The content is intended only to assist you with financial decisions and is broad in scope and does not consider your personal financial situation. Your personal financial situation is unique and the information and advice may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial strategy, SmartMattressBuy recommends that you obtain additional information and advice of your accountant and other financial advisors who are fully aware of your individual circumstances.
You agree that any information you provide to SmartMattressBuy or any participating financial institution, including, without limitation, credit and financial information and other personally identifiable information whether through questionnaires, registration forms, or other information requests (“Customer Information”), will be true, accurate, current and complete. You will not provide Customer Information that is false, inaccurate, misleading, or fraudulent. You will not impersonate any person or entity, misrepresent any affiliation with another person, entity or association, use false e-mail or other headers, or otherwise conceal your identity from SmartMattressBuy or any participating financial institution for any purpose. You agree to provide and update information reasonably requested by SmartMattressBuy or any participating financial institution related to the use of the website or the fulfillment of any financial products and services you obtain through the website.
The Site provides you with access to certain services, such as referrals to products, services and suppliers that may be of interest to you (the “Site Services”), and to certain content provided by us or by third parties, such as news and information regarding such products, services and suppliers in various industries (the “Site Content”). In addition to the other terms and conditions of this Agreement, please carefully note the following regarding our services and content:
The Site may include Site Content. We provide any such Site Content solely for your convenience, and such Site Content (i) is not intended as a substitute for professional advice; (ii) should not be construed as the provision of advice or recommendations; and (iii) should not be relied upon as the basis for any decision or action, the eligibility for or appropriateness of any benefit or service, or the making of a financial decision. We are not responsible for the accuracy or reliability of any Site Content. Site Content is not exhaustive and should not be considered complete or up-to-date. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any Site Content available through the Site. The relationship between you and us is not a professional or similar relationship; always seek the advice of a qualified professional with respect to any questions that you may have, and never disregard professional advice or delay in seeking it because of something that you have read on the Site. We neither recommend nor endorse any specific products, opinions, or other Site Content that may be made available through or mentioned on the Site. Site Content may be provided by our employees as well as by third parties. Please note that third parties may post messages, provide materials or make statements that are inaccurate, misleading, or deceptive. We, our affiliates , their employees, our employees, officers, directors, agents, representatives, licensors, suppliers and service providers (collectively with us, the “Company Entities”) do not endorse and are not responsible or liable for any Site Content, or any opinion, advice, information or statements in such Site Content, or your use of any Site Content. Under no circumstances will the Company Entities be liable for any loss or damage caused by your reliance on Site Content or for any results obtained by using any such Site Content. The opinions expressed in the Company Entities reflect solely the opinions of the individuals who submitted such opinions, and may not reflect our opinions. Your use of this Site and reliance on any Site Content is solely at your own risk.
We may provide Site users with the opportunity to submit requests for information on a wide variety of products and services offered by certain service providers (each such service provider, a “Service Provider”; each such request, a “Request”). We cannot and do not guarantee that these Service Providers will provide information for every Request received or that the Service Providers who do respond to your Request can in fact meet all of your requirements. We may reject any Request and/or elect not to forward a Request to participating Service Providers, for any reason or no reason. In submitting a Request to us, you agree to allow us to refer all of the information that you provide in connection with your Request to third parties, including any Service Providers. If any Service Provider(s) wish to provide information to you in connection with your Request, you will be contacted regarding the offerings and related pricing. We request that the Service Providers make contact with you via the preferred medium that you have listed (e.g., phone or e-mail); however, this does not preclude such Service Providers from contacting you by any other means that they deem appropriate. In working with Service Providers, we seek to work with companies that are reputable and professional; however, we strongly recommend that you perform your own due diligence on each potential Service Provider prior to selecting and/or entering into any type of agreement or other arrangement with any particular Service Provider. In addition, once we refer your request to the Service Providers in the Service Provider network, we have no further involvement in any transactions that occur between you and the Service Provider(s). We are not responsible or liable for any Service Provider’s acts or omissions (including, without limitation, with respect to any quotes or Services that any such Service Provider may provide), for such Service Providers contacting or failure to contact you, for such Service Provider’s performance or failure to perform and Services, or for any agreement or transaction between you and any Service Provider.
While accessing and using the Site you will comply with all applicable laws, rules, and regulations. In addition, we expect users of the Site to respect the rights and dignity of others. Your use of the Site is conditioned on your compliance with the rules of conduct set forth in this section; your failure to comply with such rules may result in termination of your access to the Site. You agree that you will not:
Post, transmit, or otherwise make available, through or in connection with the Site:
Anything that is or may be (a) threatening, harassing, degrading, hateful, or intimidating; (b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent, pornographic, or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity, or other proprietary right without the express prior consent of the owner of such right
Any material that would give rise to criminal or civil liability; that promotes gambling; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as “hacking,” “cracking,” or “phreaking”
Any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or may be intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment
Any unsolicited or unauthorized advertising, promotional material, “junk mail,” “spam,” “chain letter,” “pyramid scheme” or investment opportunity, or any other form of solicitation
Any material, non-public information about a company without the proper authorization to do so.
Use the Site for any fraudulent or unlawful purpose.
Use the Site to defame abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including without limitation others’ privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of the Site.
Impersonate any person or entity, including, without limitation, any of our (or our affiliates) representatives; falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that we endorse any statement or posting you make.
Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies, or regulations of such networks.
Restrict or inhibit any other person from using the Site (including without limitation by hacking or defacing any portion of the Site).
Use the Site to advertise or offer to sell or buy any goods or services without our express prior written consent.
Reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site.
Except as expressly permitted by applicable law, modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Site.
Remove any copyright, trademark, or other proprietary rights notice from the Site or materials originating from the Site.
Frame or mirror any part of the Site without our express prior written consent.
Create a database by systematically downloading and storing all or any Site content.
Use any robot, spider, site search/retrieval application, or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather Site content or reproduce or circumvent the navigational structure or presentation of the Site without our express prior written consent. Notwithstanding the immediately foregoing sentence (but subject to the other items listed above), we grant the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of such materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions, either generally or in specific cases, at any time.
Additionally, you acknowledge and agree that you (and not Company) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use the Site, and paying all charges related thereto.
You may be required to register with us in order to access certain services or areas of the Site. With respect to any such registration, we may refuse to grant you, and you may not use, a user name (or e-mail address) that personally identifies you; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion. Your user name and password are for your personal use only, and not for use by any other person. You are responsible for maintaining the confidentiality of any password you may use to access the Site, and agree not to transfer your password or user name, or lend, or otherwise transfer your use of or access to the Site, to any third party. You are fully responsible for all interaction with the Site that occurs in connection with your password or user name. You agree to immediately notify us of any unauthorized use of your password or user name or any other breach of security related to your account or the Site, and to ensure that you “log off”/exit from your account with the Site (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
For purposes of clarity, you retain ownership of any information, content and/or materials that you submit through the Site (each, a “Submission”). Please note, however, that we need certain rights to your Submissions to be able to make them available on the Site. Accordingly, you hereby grant to the Company Entities a worldwide, non-exclusive, transferable, sub-licensable (through multiple tiers), royalty-free, perpetual, irrevocable right and license, without compensation to you: to use, reproduce, distribute, adapt (including without limitation edit, modify, translate, and reformat), create derivative works of, transmit, publicly display, publicly perform and otherwise exploit such Submission, in any media now known or hereafter developed. For each Submission, you represent and warrant that you have all rights necessary for you to grant the licenses granted in this section, and that such Submission, and your provision thereof to and through the Site, comply with all applicable laws, rules and regulations. Further, to the extent permitted under applicable law, you irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory. We request this waiver to help ensure that we have all the rights we may need to provide the Services available through the Site. In addition, the Company Entities have no control over, and shall have no liability for, any damages resulting from the use (including without limitation republication) or misuse by any third party of information voluntarily made public through any other part of the Site. If you choose to make any of your personally identifiable or other information publically available in a submission, you do so at your own risk.
You shall not transmit, submit or post the following on SmartMattressBuy:
We may make products and services available for purchase through the Site, and we may use third-party suppliers and service providers to enable e-commerce functionality on our Site. If you wish to purchase any product or service made available by us through the Site (each such purchase, a “Transaction”), you may be asked to supply certain information relevant to your Transaction, including without limitation your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that you have the legal right to use any credit card(s) utilized in connection with any transaction. By submitting such information, you grant to the Company the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
All descriptions, images, references, features, content, specifications, products and prices of products and services described or depicted on this Site, are subject to change at any time without notice. Company reserves the right, with or without prior notice, to limit the available quantity of or discontinue any product or service; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all Transaction(s); and/or to refuse to provide any user with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
SmartMattressBuy and its content providers own all of the content, materials, and other intellectual property on or related to the website, including, without limitation, all text, graphics, photographs, music, data, images, audio and video clips, software, names, button icons, logos, images, designs, titles, words or phrases, page headers, service names, trademarks, patents, and copyrights (collectively, “Content”). You have no rights to the Content, except as expressly set forth in these Terms. Any use of the Content, except as permitted by these Terms, is expressly prohibited. The Content is registered and/or protected by U.S. and international copyright, trademark, and other laws. You will not remove any copyright or other proprietary notices contained on the website. You will not delete or change any copyright or trademark notices, nor will you alter or modify the Content in any manner without the prior express written permission of SmartMattressBuy . You further agree that you will not:
Because SmartMattressBuy operates only on the Internet, it is necessary for you to consent to transact business with SmartMattressBuy electronically. By agreeing to these Terms, you agree to receive electronically all documents, disclosures, communications, notices, contracts, and agreements arising from or relating to your use of the website (each a “Disclosure”), either by e-mail to the address you provide or by posting notices on the Website. You agree that all Disclosures that SmartMattressBuy provides to you electronically satisfy any legal requirement that any such communications be in writing. The decision to do business with us electronically is yours.
In order to send and receive Disclosures and transact electronically, you must have a personal computer with a modem connected to a communications source (telephone, wireless or broadband), a Windows-based operating system with an Internet browser or a Macintosh-based operating system with an Internet browser, and hardware capable of running this software. You will need a printer attached to your personal computer to print any Disclosures. You can retrieve an electronic copy and a printable version of this contract by clicking on the “Terms & Conditions” link on the home page of the website. All contracts completed electronically between you and SmartMattressBuy will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.
You may withdraw your consent to receive Disclosures electronically by contacting us at SmartMattressBuy’s Contact Us. However, once you have withdrawn your consent, SmartMattressBuy will terminate your registration on the website.
You will keep us informed of any change in your e-mail address so that you can continue to receive all Disclosures in a timely fashion. If your registered e-mail address changes, you must notify us of the change by sending an e-mail to SmartMattressBuy’s Contact Us form. You also agree to update your registered residence address and telephone number on the website if they change.
You will print a copy of these Terms for your records and you agree and acknowledge that you can access, receive and retain all Disclosures electronically sent via e-mail or posted on the website.
SmartMattressBuy reserves the right to change, delete, or update these Terms or other policies that govern use of the website at its sole discretion, at any time, for any reason, without notice, including the right to terminate the website or any part of the website. Any changes to these Terms will be posted on this page and the top of the page will indicate the date the Terms were last revised. Any amendments and modifications by SmartMattressBuy will be prospective only, and unless otherwise provided in these Terms, will be effective upon being posted on the website. It is your responsibility to review these Terms periodically for updates and changes. Your continued access or use of the website shall be deemed as acceptance of all changes. If you do not agree to abide by these or any future Terms, do not use or access (or continue to use or access) the website.
These Terms are effective until terminated by either party. If you no longer agree to be bound by these Terms, you must cease use of the website. You agree that SmartMattressBuy may terminate, restrict, or suspend part or your entire license to access the website or delete any content transmitted to or through the website, at any time, in its sole discretion, without prior notice to you and without any liability to you. SmartMattressBuy also reserves the right to take any action relating to user-submitted information that it deems necessary or appropriate if such information, as determined in SmartMattressBuy’s sole discretion, may create liability for SmartMattressBuy, its subsidiaries, affiliates, officers, directors, employees, contractors, representatives, agents, and suppliers (collectively, the “SmartMattressBuy Parties”), or may affect SmartMattressBuy’s business relationships or contracts with third parties.
SmartMattressBuy further reserves the right to remove any materials that are defamatory, abusive, illegal, harassing, immoral, disruptive or do not conform to these Terms – although SmartMattressBuy shall be under no affirmative obligation to monitor any of the foregoing or to otherwise screen or monitor any communications or information prior to their posting. You agree SmartMattressBuy has the right, but is not obligated, to monitor your use of the website and any communications made by you related to such use in any manner; and you release SmartMattressBuy from any liability related to its monitoring activities. If SmartMattressBuy denies you access to the website, you agree to destroy all materials obtained from the website and all copies of those materials with the exception of your personal customer-account-related materials. You acknowledge that, upon termination, SmartMattressBuy may immediately deactivate or delete your account and all related information and files in the account and bar you from further access to the files, your Customer Information, and the website.
You are responsible for obtaining and maintaining all telephone, computer hardware, Internet access services, and other equipment or services needed to access and use the website, and all costs and fees associated with Internet access or long-distance charges incurred with regard to your access and use of the website.
The Site may provide links to other websites and online resources. Because we have no control over such sites and resources, you acknowledge and agree that the Company Entities are not responsible for the availability of such external sites or resources, and the Company Entities neither endorse nor are responsible or liable for any content, advertising, products or other materials on or available through such sites or resources. Other websites may provide links to the Site with or without our authorization. You acknowledge and agree that the Company Entities do not endorse such sites, and are not and shall not be responsible or liable for any links from those sites to the Site, any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith.
SmartMattressBuy is not obligated to maintain, verify, update, or post any corrections to such third party information for any reason. Nothing in the website referencing any third parties with whom SmartMattressBuy conducts business, and nothing in these Terms, shall be deemed to create any agency relationship, affiliation, or sponsorship among SmartMattressBuy and such third parties or you, or make the third parties or you partners or joint-ventures with SmartMattressBuy, or otherwise provide you or any third parties with any rights to act on SmartMattressBuy’s behalf. SmartMattressBuy does not represent or guarantee the truthfulness, accuracy, completeness, timeliness, authorship, suitability of content, or reliability of communications posted by third parties, nor does SmartMattressBuy endorse any opinions expressed by users or any third parties using the Website. Consequently, you agree that SmartMattressBuy does not guarantee, and is not liable to you for, any third party content.
You agree that your use of third party websites and resources, including without limitation, your use of any content, information, data, advertising, products, or other materials on or available through such websites and resources, is at your own risk and is subject to the terms and conditions of use applicable to such sites and resources.
We shall have the right, but not the obligation, at any time and in our sole discretion, to block links from and to the Site through technological or other means without prior notice.
In using the Website you acknowledge and accept that there are risks, including, without limitation, the risk of harm of people acting under false pretenses. You assume all risks associated with dealing with other users with whom you come in contact through the Website and other parties that use the website or your Customer Information for unauthorized or illegal purposes.
To the extent permitted by applicable law, you agree that all information, services, software, and content available through the website, and the website itself, are furnished for general informational purposes only, and are furnished to you on an “as is” and “as available” basis without any implied or expressed warranty of any kind (including without limitation, the implied warranties of merchantability, fitness for a particular purpose, suitability, security, correctness, and non-infringement). The SmartMattressBuy parties make no representation or warranty regarding, are not responsible for, and disclaim all liability for, the continued availability, reliability, accuracy, results, or performance of the website or any material on the website, the performance of the internet, the downloading compatibility of any materials or software with your computer system, the existence of any virus, worm, malicious code, or other disabling device from any source, the unauthorized access to or use of your information by a party other than SmartMattressBuy , any technical failures (including hardware or software failures), incomplete, scrambled, or delayed computer transmissions, and/or technical inaccuracies, or loss or use of data, as well as unauthorized access of user transmissions by third parties. No one is authorized to make any representation or warranty on SmartMattressBuy’s behalf, and you cannot rely on any other statement of warranty. You assume responsibility for the accuracy, completeness, appropriateness, and legality of any information you supply to SmartMattressBuy.
You agree that the SmartMattressBuy Parties are not liable for any consequential, special, indirect, exemplary, or punitive damages. In no event shall the SmartMattressBuy Parties’ total liability to you for any damages, losses, fees, and expenses (including attorneys’ fees), whether in contract, tort, trespass or otherwise exceed $100. In some states, some of these waivers and limitations may not apply to you. You agree to promptly notify SmartMattressBuy in writing if you believe you have any claim against the SmartMattressBuy Parties, and, in any event, you agree that any claim not brought within one year of your discovery shall be deemed waived and released.
Upon request by SmartMattressBuy , you shall defend, indemnify, and hold harmless the SmartMattressBuy Parties from and against all claims and expenses, including, but not limited to, attorneys’ fees, arising out of, or attributable to: (i) your breach or violation of these Terms; (ii) your failure to provide accurate, complete, and current information requested or required by SmartMattressBuy or any participating financial institution; (iii) your violation of any person’s or entity’s legal rights (including, without limitation, copyright, patent, trade secret, trademark, or other proprietary rights, or publicity, contract, moral, or privacy rights); (iv) your violation of any applicable law, rule or regulation; (v) your negligence, recklessness, or misconduct; or (vi) access or use of the website under your Access Credentials.
If a dispute arises between you and any of the SmartMattressBuy Parties, it is the goal of SmartMattressBuy to work in good faith with you to quickly and amicably resolve the dispute. Either SmartMattressBuy or you may, at such party’s sole election, require that the sole and exclusive forum and remedy for any and all past, present, or future disputes and claims relating in any way to or arising out of this agreement, your access to and use of the website, and any financial products or services you may request or receive (each, a “dispute”), including claims by or against (i) you and any person claiming through you and (ii) a SmartMattressBuy Party or any person claiming through such persons, be final and binding arbitration, except that, to the extent that you have in any manner infringed upon or violated or threatened to infringe upon or violate our patent, copyright, trademark or trade secret rights, we may seek injunctive or other appropriate relief.
Arbitration under this Agreement shall be conducted by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA’s Supplementary Procedures for Consumer Related Disputes ( the “AAA Consumer Rules”) (collectively the “AAA Rules”). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). If such costs are determined to be excessive in a consumer dispute, we will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, no arbitration or claim under this agreement shall be joined to any other arbitration or claim, including any arbitration or claim involving any current or former member of SmartMattressBuy or any former or current participating financial institution, and no class arbitration proceedings shall be permitted.
This arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by and enforceable under the Federal Arbitration Act (the “FAA”). The arbitrator will apply substantive law consistent with the FAA and applicable statutes of limitations. The arbitrator may award damages or other types of relief permitted by applicable substantive law, subject to the limitations set forth in the paragraph above prohibiting the consolidation of claims. The AAA Rules, which you may obtain from that organization, shall govern the arbitration unless they conflict with this arbitration agreement, in which case this arbitration agreement will control. The arbitrator will not be bound by judicial rules of procedure and evidence that would apply in a court, nor to state or local laws that relate to arbitration proceedings.
This arbitration agreement shall survive (i) suspension, termination, revocation, closure, or changes of this Agreement and your relationship with SmartMattressBuy; (ii) the bankruptcy or insolvency of any party or other person; and (iii) any transfer of any loan or promissory note(s) which you hold or owe, or any amounts owed on such loans or notes, to any other person or entity. If any portion of this arbitration agreement is deemed invalid or unenforceable, the remaining portions of this arbitration agreement shall nevertheless remain valid and in force, except that in no event shall any such invalidation be deemed to authorize an arbitrator to determine claims or make awards beyond the scope of authority as limited in this arbitration agreement.
SmartMattressBuy shall in no event be responsible to, or liable to, you, or any third party, whether in contract, warranty, tort (including negligence), or otherwise, for any damages, including, but not limited to, special, incidental, indirect or consequential damages that include, but are not limited to, damages for any loss of profit, revenue or business, as a direct or indirect result of: (i) your breach or violation of the terms and conditions of this Agreement; (ii) your access and use of SmartMattressBuy; (iii) your delay in accessing or inability to access or use SmartMattressBuy for any reason; (iv) your downloading of any of the Content or the Collective Work for your use; (v) your reliance upon or use of the Content or the Collective Work, or (vi) any information, software, products or services obtained through SmartMattressBuy, or otherwise arising out of the use of SmartMattressBuy, whether resulting in whole or in part, from breach of contract, tortuous behavior, negligence, strict liability or otherwise, even if SmartMattressBuy and/or its suppliers had been advised of the possibility of damages.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you.
You acknowledge that SmartMattressBuy may be irreparably damaged if these Terms are not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of these Terms by you, SmartMattressBuy shall be entitled, in addition to any other rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post a bond, and/or to a decree for specific performance of the provisions of these Terms.
If you have questions, comments, concerns or feedback regarding these Terms or the Website, please contact us at SmartMattressBuy.