The terms and conditions applicable to the use of the Sleepy’s website (the "Website" or this "Site") are set forth herein. Your use of the Site constitutes your acceptance of these terms and conditions and will give rise to a binding contract between Sleepy’s, LLC ("Sleepy’s," “We,” “Us,” “Our”) and you ("You" or "User"), referred to below as this "Agreement." The Sleepy’s internet services provided on www.sleepys.com (collectively, the "Services") are subject in all respects to this Agreement. These terms and conditions may be updated or modified from time-to-time by Sleepy’s in its sole discretion.
1. The Site and Sleepy’s Business. Sleepy’s is the operator of retail mattress stores and the Sleepys.com Website for consumers ("Customers"). Our credit card underwriters may operate sites embedded within the Site. Such sites may be governed by separate or additional terms and conditions.
2. Licenses. Your access to the Site is pursuant to a free, limited, revocable and non-exclusive license from Us, which may be modified, terminated, restricted or limited by Us at any time. By submitting any content to the Site, You grant to Us a perpetual, unlimited, irrevocable, royalty-free, non-exclusive, assignable and worldwide license to make, copy, perform, publish, display, distribute, transmit, translate, modify, prepare derivative works from and use such content in any form, media or technology now known or hereafter developed. You also agree to waive and never assert any moral rights that You may have in or to any content submitted to Us.
3. Accessibility. You understand and agree that the Site may, at times, be inaccessible or inoperable for any reason, including, but not limited to: (a) equipment or communications malfunctions; (b) periodic maintenance, repairs or administrative reviews which Sleepy’s may undertake from time-to-time; or (c) causes beyond Our control or which are not foreseeable by Us. We shall not be responsible or liable in any way to You or anyone else due to or as a result of any such inaccessibility or inoperability.
4. Equipment. You are solely responsible for providing and maintaining all hardware, software, electrical and other physical requirements for Your use of the Site, including, but not limited to, telecommunications and internet access connections and links, web browsers or other equipment, compatibility, and all other programs or services required to access and use the Site.
6. Proprietary Rights. All or portions of the Site are proprietary to Us and are protected by intellectual property laws and treaties, including, but not limited to, copyright, trademark, service mark, trade secret and/or patent laws and any moral rights. You agree to use the Site for Your own personal use only and shall not copy, duplicate, display, transmit, distribute, modify, reverse engineer or prepare derivative works of all or any portion of the Site, or other aspect of the Services, for any purpose unless Sleepy’s gives You express written permission to do so.
7. Rules for the any Sweepstakes, Contest or Promotion. Any sweepstakes, contest or promotion made available through the Site may be governed by specific rules that are separate from this Agreement. By participating in any such sweepstakes, contest, or promotion You will become subject to those rules, which may vary from this Agreement set forth herein. We urge You to review any applicable rules, which appear in connection with the particular sweepstakes, contest, or promotion in the relevant official rules.
9. Publicity. By using the Site or the Services and participating in any promotions made available on the Site, You hereby give Sleepy’s the right, without any obligation to compensate You, to publish, disclose, use, reproduce, exhibit, display, print and/or distribute Your first name, first letter of the last name, location (city and state), user name, and/or any quotation, statement, image or other content that You are willing to provide about the Site or the Services that We, in Our sole discretion, wish in all media now known or hereafter discovered, worldwide in perpetuity, without any further compensation, notification or permission, except where prohibited by law.
The views expressed by users of the Site do not necessarily reflect Sleepy’s views.
10. Compliance with Laws. Use of the Site is subject to compliance with all applicable international, federal, state and local laws and regulations.
11. Online Purchases; Specific Programs; Other Terms and Conditions. Additional notices, terms, and conditions may apply to the purchase of goods/services, participation in a particular program, and/or to specific portions or features of any of the Site, all of which are made a part of this Agreement by this reference. You agree to abide by such other notices, terms, and conditions, including where applicable representing that you are of sufficient legal age to acquire a product or service and/or use or participate in a program, service, or feature. If there is a conflict between this Agreement and the terms posted for or applicable to a specific portion of the Site, including any areas to enable the on-line purchase of items or for any program or service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site. Our obligations, if any, with respect to services, programs, and/or products are governed solely by the terms, conditions, notices, and agreements pursuant to which they are provided, and nothing on the Site should be construed to alter such terms, conditions, notices, and agreements.
12. Your Account and Password. If you are required to establish or use an account on the Site (whether or not as a Customer) and have been provided with a user name and password for such purpose, you are responsible for maintaining the strict confidentiality of that information. You are also responsible for any activity conducted under your account. You agree to: (a) immediately notify Sleepy’s of any unauthorized use of your password or account or any other breach of the Site’s security; and (b) ensure that you log-off and exit from your account at the end of each session. It is your sole responsibility to control the dissemination and use of your password, and control access to and use of your account. It is also your sole responsibility to notify Sleepy’s if you desire to cancel your account on the Site. Sleepy’s will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.
13. Enforcing Security on the Site. Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986. We reserve the right to view, monitor and record activity on the Site without notice or permission from You. Any information obtained through such monitoring, reviewing or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal activity on the Site. We will comply with all court orders involving requests for such information.
14. Prohibited Conduct. The Site may not be used in any manner that is unlawful or harmful to the rights of Sleepy’s, any Customer or User or any third party. In no event shall you use the Site in a manner that exceeds the specific authorization granted by Sleepy’s under this Agreement or by other express written agreement. The prohibition on unauthorized uses includes (but is not limited to) an express prohibition any attempt to: (a) monitor, observe, track, gather, collect, copy or transmit any of the content, data or user information contained on the Site; (b) probe, scan or test the vulnerability of a system or network on, from or through the Site; or (c) breach or defeat system or network security measures on, from or through the Site such as authentication, authorization, confidentiality, intrusion detection, or monitoring; (d) interfere with or disrupt the Site or the business, operations or services of Sleepy’s; (e) interfere, circumvent or encumber, or attempt to interfere, circumvent or encumber, the operation or administration ofany computer, host, network, or telecommunications device maintained by Sleepy’s or any third party; (f) interfere with or disrupt the legitimate use of the Site by any person; (g) transmit, distribute, disseminate, publish or store any information that is in violation of any applicable law or regulation or is defamatory, abusive, obscene, indecent, or harassing, or that threatens or encourages injury to persons or property or infringement of the lawful rights of Sleepy’s or any other party; (h) violate the privacy rights of Sleepy’s or any other party under applicable law or regulation; (i) use any technology that is or reasonably should be known to contain software viruses, trojan horses, or any computer code, files, or programs designed to disrupt, destroy, invade, gain unauthorized access to, corrupt, observe, or modify without authorization, any data, software, computing or network devices, or telecommunications equipment of Sleepy’s or any Customer or any other third party; (j) use the facilities of the Site to send, relay, forward, bounce, reply, or otherwise route commercial or non-commercial unsolicited electronic messages (commonly referred to as "spam") or commercial electronic messages even if previously solicited by the intended recipient; (k) deliver promotional, advertising, marketing, commercial or non-commercial material to Users (e.g. pop-up advertisements) without Our express written permission and (l) copy (whether directly or by use of any "scraping" or related technology) any of the contents of the Site.
15. No Redistribution or Resale. You agree not to sell, resell, lease, distribute, redistribute or exploit any portion of the Site for commercial purposes.
16. Linking and Framing. You agree not to bypass or attempt to bypass the home page of the Site and “deep link” to any other page in the Site, or frame Our content within another website, or copy or use Our content in another medium without Our express written permission.
17. Third Party Products/Services. You acknowledge and agree that the Site may feature materials, products, and services provided by third parties. We make no representations or warranties with respect to, nor do We guarantee or endorse the quality, non-infringement, accuracy, completeness, timeliness, reliability or correct sequencing of such third party materials, products and services, or any other materials, products and services which may be accessed or acquire through such third party materials, products and services. We expressly disclaim responsibility and liability for all third party materials, products and services contained on or accessed through the Site.
18. Advertisers on the Site. In Our sole discretion, We may post advertisements from and by third parties on the Site. Your correspondence or any other dealings with advertisers found on the Site are solely between You and such advertiser. You agree that We shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such advertisers on the Site. Moreover, We shall not be responsible or liable for the statements or conduct of any third party on the Site.
19. Links to Other Sites. The Site may include links to other Internet sites over which Sleepy’s has no control. These links are provided solely as a convenience to users of the Site. You acknowledge and agree that Sleepy’s is not responsible for the availability of the sites intended to be located at such links, and that Sleepy’s does not endorse (and is not responsible or liable for) any such linked sites including their content, advertising, products, or other materials. You further acknowledge and agree that, under no circumstances, will Sleepy’s be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products or other resources available on any other Internet site (regardless of whether the Site is directly or indirectly linked to such content, advertisements, products or other resources). You should direct any concerns with respect to any other Internet site to that Internet site’s administrator or webmaster.
20. Events Beyond Our Control/Force Majeure. You expressly absolve and release Us from any claim of harm resulting from a cause beyond Our control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars or governmental restrictions.
If the performance of any part of this Agreement by Us is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of God or any other cause or causes beyond our control, We shall be excused to the extent that We are prevented, hindered or delayed by such cause or causes. In the event of such circumstances which hinder or delay Our performance, We will, if possible, attempt to post this information on the Site.
21. DISCLAIMER OF WARRANTIES. THE SITE AND ALL INFORMATION CONTAINED ON IT IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SLEEPY’S MAKES NO WARRANTIES WITH RESPECT TO THE ACCURACY OR COMPLETENESS OF INFORMATION CONTAINED ON THE SITE, OR THAT THE SITE WILL BE ERROR-FREE OR AVAILABLE FOR UNINTERRUPTED USE. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SLEEPY’S THROUGH THE SITE SHALL CREATE ANY WARRANTY. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. YOU SHOULD NOT RELY ON THE SITE TO MAINTAIN ANY SUBMISSIONS YOU MAY MAKE; YOU SHOULD RETAIN ALL SUCH DATA AND INFORMATION IN YOUR OWN RECORDS FOR USE IN THE EVENT THAT THE SITE FAILS OR IS UNAVAILABLE, OR THE DATA OR INFORMATION IS LOST.
22. Indemnification and Limitation of Liability. You agree to indemnify, hold harmless, and defend Sleepy’s and each of its subsidiary, affiliated and related entities, and each of their respective directors, officers, members, shareholders, employees and suppliers (collectively the "Sleepy’s Parties"), from and against any claims, losses, demands, liabilities, damages, costs and/or expenses (including reasonable legal fees and expenses), arising out of or relating to: (a) this Agreement and/or any breach or alleged or threatened breach by You; (b) Your use of the Website or the Services, including any data, content or material transmitted or received by You; (c) any unacceptable or objectionable use of the Website, the or Services by You; (d) any negligent or willful misconduct by You. You agree that the Sleepy’s Parties shall not have any liability to you under any theory of liability or indemnity in connection with your use of the Site. You hereby release and forever waive any and all claims you may have against the Sleepy’s Parties for losses or damages you sustain in connection with your use of the Site. IN NO EVENT SHALL THE SLEEPY’S PARTIES BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, PROGRAMS OR DATA), RESULTING FROM ACCESS TO, USE OF, OR INABILITY TO USE THE SITE, OR DUE TO ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION VIA THE INTERNET, EVEN IF THE SLEEPY’S PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER ARISING UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.
23. Modification and Amendment. We have the right at any time or from time to time to modify or amend the terms and conditions of this Agreement, in which case the Site will display such changes, which will be Your only notification of any such change. Any use of the Services by You after such notification shall constitute Your acceptance of the modified or amended terms. No modification made by You shall be binding upon Us unless it is made in writing and signed by Us.
24. Severability. If any one or more of the provisions contained in this Agreement shall for any reason be found to be invalid, illegal or unenforceable in any respect, said finding shall not affect the remaining provisions, which shall be enforceable to the fullest extent permitted by law, provided that such severance does not alter the fundamental benefit of the bargain to either party.
25. Waiver. If any one or more of the provisions contained in this Agreement shall for any reason be found to be invalid, illegal, or unenforceable in any respect, said finding shall not affect the remaining provisions, which shall be enforceable to the fullest extent permitted by law.
26. Applicable Laws. This Agreement shall be governed by and construed in accordance with the laws of the State of New York without regard to principles of conflicts of laws. All proceedings relating to the Site or this Agreement shall be brought in the state or federal courts located in the State of New York and you hereby irrevocably consent to the personal and exclusive jurisdiction of such courts.
You agree that regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to use of the Site or this Agreement must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.
Sleepy’s controls and operates the Site from its offices in New York in the United States of America. Sleepy’s does not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent applicable.
27. Remedies. In order to avoid irreparable injury to Us, in the event of any breach or threatened breach by You of the provisions of this Agreement, We shall be entitled to seek an injunction and/or other equitable relief restraining such breach. Nothing in this Agreement shall be construed as prohibiting Us from pursuing any other remedies available to Us for such breach or threatened breach, including the recovery of monetary damages from You.
28. No Third Party Beneficiaries. No provision of this Agreement is intended to create, or creates, any rights in or benefits to any third party.
29. Notice. All notice relating to the Site, the Services, or Your use of any thereof shall be deemed to be delivered when displayed on the Site. All notices to Us shall be sent via first class mail or other nationally recognized courier to: Sleepy's, 1000 South Oyster Bay Road, Hicksville, NY 11801.
30. Survivability. The respective rights and obligations of the parties, if any, pursuant to Section 22, inclusive, Sections 26 and 27, and as otherwise provided elsewhere in this Agreement, shall survive any termination or expiration of this Agreement.
32. Headings and Order. The headings and sequential order of the sections contained in this Agreement are for convenience or reference only and shall have no substantive or procedural effects in construing the provisions of this Agreement.
33. Complete Agreement. This Agreement constitute the complete agreement of the parties with respect to the subject matter hereof, and supersede all prior agreements and understandings in relation thereto.
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