Terms of Use

TERMS OF SERVICE

Please read these terms of service and all associated policies and disclaimers carefully before you start to use the website. By using the website, you accept and abide by the terms of service and all associated policies and disclaimers. Do not continue to use the website if you do not so agree. Correspondingly, if you do not want to agree to the Privacy Policy, you must not access or use the website.

The information contained on this website and the resources available for access or download through it are for informational purposes only.

These terms of service govern your use of the website of MattressVerdict (together with its affiliates, “MattressVerdict”) and any associated app (together, the “Site”). By using the Site, you agree to these terms of service and consent to our collection, use and disclosure of certain personally identifiable information as described in our privacy policy, which is incorporated into these terms of service by reference. If you do not agree and consent, please discontinue use of the Site.

TABLE OF CONTENTS

OWNERSHIP OF CONTENT
COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
DENIAL OF ACCESS
SITE POLICIES, MODIFICATION AND SEVERABILITY
RESTRICTIONS ON USE
LIMITATION OF LIABILITY
LINKS TO OTHER WEBSITES
DISPUTES
CONTACTING US

1. OWNERSHIP OF CONTENT

As between us, the intellectual property used on or in reference to or from this Site, including, without limitation, design, layout, graphics, illustrations, photographs, advertising copy, text, interactive features, the “look and feel,” trademarks, service marks, trade names and trade dress appearing on the Site or in relation to it (together, the “IP”), are our property (or that of our licensors or other third parties) and, to the fullest extent possible, is protected by United States and international copyright, trademark, trade dress, patent, and other intellectual property laws.

2. COMMENTS, FEEDBACK, OTHER SUBMISSIONS, AND REVIEWS

In the event that we enable features permitting user comments, tips or product reviews, they will be governed by these terms of service. Please do not transmit any confidential content, material or other information, proprietary information, or Information that, if posted, would reasonably be capable of making you or others specifically recognizable or identifiable. All comments, feedback, ideas, suggestions, materials, information, and other submissions disclosed, submitted, or offered via this Site or otherwise (collectively, "Comments") will become and remain our property. The disclosure, submission, or offer of any Comments will constitute an assignment to us of all worldwide right, title, interest, and goodwill in the Comments, without further action or payment of any compensation. Comments submitted by you must not violate any right of any third party, and must not contain any libelous, abusive, offensive, hurtful, insensitive, obscene, or unlawful material.

The Site IP is intended solely for your personal, noncommercial use and for the limited purposes intended by the Site. Any item of IP copied by you from the Site may only be so obtained for your personal, noncommercial use. No right, title or interest in any IP or other content is granted or transferred to you, and you may not modify, post, publish, or retransmit any content on or from the Site (or attempt any of the foregoing). Unauthorized use or conduct could result in severe civil and criminal penalties.

If you participate in using the Site by establishing an account with us, you will be prompted to set a username and password or possibly participate in other steps for authentication, at the point of setting up the account or later. Please keep all passwords and other authentication information in a secure place and do not share them, or your username, with others. The use of any such information by us is governed by our privacy policies, which can be found here: https://mattressverdict.com/privacy

Please note that links, products, reviews and associated services available via the Site may be available either only on the Site or also on other locations on the internet. Many of the products and features are offered by third-party vendors. The Site is intended for use purely for informational purposes. Access as to any product or associated information is provided as a courtesy and does not imply any endorsement of, or opinion concerning any such product or item of information on behalf of MattressVerdict or any affiliate. Unless otherwise indicated, information displayed on the Site is utilized at your own risk. Information is given in good faith and with the expectation that it is correct but all information is subject to change and update on an active basis. We work to assure that links and results are available, but it can sometimes happen, whether because of third party activity or simply through error, that a link or result that appears on the Site is no longer accurate, active or available or may update in real time after webpage refresh; this is a risk of using the Site. Please note that devices, monitors and software can vary in the presentation of colors and details of information and configuration. Although we try to display content, results and links accurately, their appearance may alter depending on your device, monitor, and software.

MattressVerdict will sometimes post its own reviews of products featured on the Site. Because it is the intention of MattressVerdict always to feature on the Site quality merchandise that it supports, the main purpose of those reviews is to offer a better understanding of the competing features of products, not to provide criticism. MattressVerdict receives renumeration, directly or indirectly, from the manufacturers of products profiled on the site, including those that may be reviewed by MattressVerdict. Visitors should, at all times, be mindful of the inherent subjectivity in all reviews, even those purporting to be completely independent, and they should make purchasing decisions based on their own conclusions.

3. DENIAL OF ACCESS

These terms of service are a binding agreement between you and MattressVerdict concerning its subject matter and will be in effect until updated or terminated by us or until you cease using the Site in all respects. If we, in our sole discretion, come to believe that you have failed to comply with any term or provision, or the law, we may restrict your access to the Site or deny access entirely. In the event you should be denied access, you will no longer be authorized to access the Site or to utilize any of its features, but the restrictions and limitations that were in effect during your period of use shall remain in effect and any updates or modifications shall also be binding on you if you access, use or attempt to access or use the Site.

4. SITE POLICIES, MODIFICATION AND SEVERABILITY

These terms of service (incorporating the privacy policy and other Site terms and policies) constitute the entire agreement between us as to their collective subject matters. Please carefully review the privacy policy and all other policies on the Site, as they also govern your use of the Site and all information given with respect to it. We reserve the right to make changes to our Site and to modify or replace these terms of service at any time and will provide notice of any such changes if or as required by applicable law. We may notify you of changes by posting them on the Site. If you object to any such changes, your sole recourse is to discontinue your use of the Site. Please check from time to time for any updates, which will take effect upon posting unless otherwise required by applicable law. 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 other term. These terms shall not be interpreted or enforced to the disadvantage of MattressVerdict, even though MattressVerdict or our legal counsel may have drafted them.

Please check carefully the conditions of access and use of all links and other sites and content in order to ensure your own compliance and because those conditions may vary or change as well.

5. RESTRICTIONS ON USE

You may not use the Site for any unlawful purpose or otherwise violate these terms of service. You may not use the Site unless you are at least eighteen (18) years old.

6. LIMITATION OF LIABILITY

Although we make reasonable efforts to ensure that the information provided on this Site is up to date, complete and commercially accurate for the intended and permitted purpose and use, we do not warrant or represent that any content or other information is complete, accurate, or error-free or that you will be able to use the Site or any links without interruption or interference. We do not sell, recommend or endorse any product or service. Your use of the Site, results from searches on the Site and all links is at your own risk.

WITHOUT LIMITATION TO ANYTHING ELSE IN THESE TERMS OF SERVICE, THE SITE AND CONTENT ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, REASONABLE CARE AND SKILL, OR NON-INFRINGEMENT. NO WARRANTY IS GIVEN THAT ANY SERVER OR SOFTWARE IS FREE OF VIRUSES OR OTHER HARMFUL PROGRAMS. NEITHER MattressVerdict NOR ITS AFFILIATED OR RELATED ENTITIES, ITS VENDORS, SOFTWARE PROVIDERS, CONTENT PROVIDERS OR PARTNERS SHALL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON, RESULTING FROM, OR RELATED TO YOUR USE OR INABILITY TO USE THE SITE, OR ANY CONTENT, MATERIALS OR OTHER INFORMATION DISPLAYED OR PROVIDED ON THE SITE, EVEN IF YOU OR WE ARE ADVISED ABOUT ANY SUCH DAMAGES. MattressVerdict IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY MATERIALS ON THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

WHEREVER PERMITTED BY APPLICABLE LAW, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS MattressVerdict, ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, VENDORS AND AFFILIATES FROM AND AGAINST ANY AND ALL THIRD-PARTY CLAIMS, DEMANDS, LIABILITIES, LOSSES, DAMAGES, COSTS OR EXPENSES, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES, RESULTING FROM, ARISING OUT OF, OR RELATED TO YOUR BREACH OR ATTEMPTED BREACH OF ANY OF THESE TERMS OF SERVICE.

7. LINKS TO OTHER WEBSITES

This Site contains hypertext links to information created and maintained by third parties. These links are provided solely for your convenience. MattressVerdict does not control or guarantee the accuracy, relevance, timeliness, or completeness of any information or privacy policies posted on the sites to which we link. Links to particular items in hypertext do not reflect their accuracy or relative importance and should not be considered a recommendation or endorsement of the third parties hosting, sponsoring or otherwise related to those sites, the views expressed on those sites, or the products or services offered on those sites. Accessing any linked third-party website is solely at your own risk. We do not control those websites and are not responsible and will not be liable for their content, usability or legal safety or compliance.

8. DISPUTES

These terms of service and the privacy policy will be interpreted in accordance with the laws of the State of New York and the United States of America, without regard to their conflicts-of-law provisions. By visiting the Site, you agree that, except as otherwise specified in the privacy policy, you agree to the foregoing. Disputes under the privacy policy will be resolved as set forth in these terms of service.

In the event of any dispute, the party wishing to address the dispute must contact the other party in writing, which may include by email, and advise the receiving party of the dispute in reasonable detail and inform the other party of the remedy being sought. We may send you notices via the email address or physical address you provide to us, and all notices to us shall be sent to the following email address: [email protected] and include the words Dispute Notice in the subject. The parties shall then make a good faith effort to resolve the dispute before resorting to more formal means of resolution. In the event that the dispute is not resolved in that manner, the party raising the dispute may proceed to mandatory arbitration as set forth below.

OTHER THAN AS EXPRESSLY SET FORTH BELOW, ALL DISPUTES BETWEEN US WILL BE RESOLVED BY BINDING ARBITRATION. YOU HEREBY AGREE TO WAIVE YOUR RIGHT TO A LAWSUIT IN COURT AND TO A JURY TRIAL.

Your rights will be determined by a neutral arbitrator, not a judge or jury. Arbitration will be before a sole arbitrator with experience arbitrating disputes concerning online retail sales. The arbitration will be held under the Non-Administered Arbitration Rules of the Institute for Conflict Prevention and Resolution (CPR) at the request of either party pursuant to the following conditions:

Unless the parties agree to conduct the arbitration by telephone or written submission, an in-person arbitration hearing will be conducted at a facility selected by CPR or the arbitrator in the Borough of Manhattan, New York, New York, USA.

Subject to the applicable CPR procedure, the arbitrator shall allow reasonable discovery in the forms permitted by the Federal Rules of Civil Procedure, to the extent consistent with the purpose and subject matter of the arbitration. The arbitrator shall have no power or authority to amend or disregard any provision of this section or any other provision of these terms of service except as mandatory to comply with CPR rules. The arbitration hearing shall be commenced promptly and conducted expeditiously. If more than one day is necessary, the arbitration hearing shall be conducted on consecutive days unless otherwise agreed in advance by the parties in writing.

After reaching judgment and award, the arbitrator will prepare and distribute to the parties written findings of fact and conclusions of law in a reasoned opinion. The award of the arbitrator shall be final and binding on the parties, and judgment on it may be entered in a court of competent jurisdiction.

You will be subject to a filing fee, set by CPR, to initiate the arbitration. To the extent permitted by CPR procedures, each party shall bear its own costs and expenses and an equal share of the arbitrator’s fee and administrative fees of the arbitration.

As an express exception to mandatory arbitration, either party may, without waiving any remedy or the right to arbitrate, seek from any court having jurisdiction any interim or provisional relief or a ruling as to intellectual-property infringement or dilution.

Any arbitration, claim or other proceeding by or between you and MattressVerdict shall be conducted on an individual basis and not in any class action, mass action, or on a consolidated or representative basis. The arbitrator shall have no authority to award class-wide relief or to combine or aggregate similar claims or unrelated transactions. You may not commence arbitration proceedings as a representative of others. If, for any reason, a claim involving you proceeds in court rather than in arbitration, each party waives any right to a jury trial. Any claim that all or part of this class-action waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.

The law applicable to the interpretation and construction of these terms of service and any transaction using or related to the Site shall be the Federal Arbitration Act, applicable federal laws and the laws of the State of New York, USA, without regard to principles of conflict of laws.

9. CONTACTING US. You may contact us at [email protected]

Comments:

MattressVerdict will sometimes post its own reviews of products featured on the Site. Because it is the intention of MattressVerdict always to feature on the Site quality merchandise that it supports, the main purpose of those reviews is to offer a better understanding of the competing features of products, not to provide criticism. MattressVerdict receives renumeration, directly or indirectly, from the manufacturers of products profiled on the site, including those that may be reviewed by MattressVerdict Visitors should, at all times, be mindful of the inherent subjectivity in all reviews, even those purporting to be completely independent, and they should make purchasing decisions based on their own conclusions.

Date last modified: June 5th, 2021.