Terms and Conditions - Banner Mattress

1. Agreement To Terms

About your access to and use of the https://bannermattressonline.com website, as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”), you, whether personally or on behalf of an entity (“you”) and Banner Mattress (“Company,” “we,” “us,” or “our”). You acknowledge and accept that you have read, comprehended, and agreed to be bound by all of these Terms & Conditions before visiting the Site.

If you do not agree with any or all of these terms of use, you are prohibited from using Banner Mattress and must cease use immediately.

Banner Mattress may post additional terms and conditions or documents from time to time, which are incorporated herein by reference. The company reserves the right to update or modify these conditions of use at any time in its sole discretion. The “Last updated” date will be modified to reflect any updates, and you acknowledge that you waive any claim to specific notice of any change. It is your responsibility to review the applicable terms and conditions every time you use the site to ensure that you are aware of any changes. Your continued use of Banner Mattress after any modifications to these conditions of use constitutes your acceptance of the changes.

The information provided on Banner Mattress is not intended to be shared or used in any jurisdiction or nation where doing so would be against the law or require the company to register there. Anyone accessing Banner Mattress from a different location does so at their own risk and is solely responsible for complying with local laws.

Banner Mattress is not designed to comply with industry-specific regulations, such as the Health Insurance Portability and Accountability Act (HIPAA) or the Federal Information Security Management Act (FISMA). If your interactions with Banner Mattress would be subject to such laws, you may not use the site. Additionally, you may not use Banner Mattress in a manner that would violate the Gramm-Leach-Bliley Act (GLBA).

Banner Mattress is intended for users who are at least 18 years old. Individuals under the age of 18 are not permitted to register or use Banner Mattress.

2. Intellectual Property

The website, Banner Mattress, and all of its components, including source code, databases, software, designs, audio, video, text, photographs, and graphics, as well as the trademarks, service marks, and logos (collectively referred to as “Content” and “Marks”), are the exclusive property of Banner Mattress, protected by various intellectual property and unfair competition laws. Any use of Banner Mattress, Content, or Marks is for your private use and is given “AS IS.” Except as explicitly permitted under these Terms of Use, you are not authorized to copy, reproduce, aggregate, republish, upload, post, publicly display, encode, translate, transmit, distribute, sell, license, or otherwise exploit any part of Banner Mattress, Content, or Marks for any commercial purposes without prior written permission from us.

You are granted a limited, non-transferable license to access and use Banner Mattress and to download or print a copy of any portion of the Content for personal, non-commercial use, provided that you are eligible to use Banner Mattress. All other rights to Banner Mattress, Content, and Marks are reserved by us.

3. User Representations

By using the Site, you represent and warrant that:

You are at least 18 years of age or the legal age of majority in your jurisdiction, whichever is greater;
You have the legal capacity and authority to agree to these Terms and to use the Site in accordance with these Terms;
You will comply with all applicable laws, rules, and regulations in connection with your use of the Site;
You will not use the Site for any illegal or unauthorized purpose;
You will not use the Site to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
You will not submit false or misleading information to the Site or engage in any activity that is harmful to the Site or the Company;
You will not impersonate any person or entity, including but not limited to any Company representative;
You will not attempt to gain unauthorized access to any portion or feature of the Site or any other systems or networks connected to the Site, or to any of the services offered on or through the Site, by hacking, password mining, or any other means.

4. Prohibited Activities

You may not access or use Banner Mattress for any purpose other than that for which we make Banner Mattress available. Banner Mattress may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of Banner Mattress, you agree not to:

Systematically retrieve data or other content from Banner Mattress to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
The trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of Banner Mattress, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of Banner Mattress and/or the Content contained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or Banner Mattress.
Use any information obtained from Banner Mattress to harass, abuse, or harm another person.
Make improper use of our support services or submit false reports of abuse or misconduct.
Use Banner Mattress in a manner inconsistent with any applicable laws or regulations.
Engage in unauthorized framing of or linking to Banner Mattress.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of Banner Mattress or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of Banner Mattress.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Delete the copyright or other proprietary rights notice from any Content.
Attempt to impersonate another user or person or use the username of another user.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including
without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or
“passive collection mechanisms” or “pcms”).
Interfere with, disrupt, or create an undue burden on Banner Mattress or the networks or services connected to Banner Mattress.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of Banner Mattress to you.
Attempt to bypass any measures of Banner Mattress designed to prevent or restrict access to Banner Mattress, or any portion of Banner Mattress.
Copy or adapt Banner Mattress’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of Banner Mattress.
Except as may be the result of the standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses Banner Mattress, or using or launching any unauthorized script or other software.
Use a buying agent or purchasing agent to make purchases on Banner Mattress.
Make any unauthorized use of Banner Mattress, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited emails, or creating user accounts by automated means or under false pretenses.
Use Banner Mattress as part of any effort to compete with us or otherwise use Banner Mattress and/or the Content for any revenue-generating endeavor or commercial enterprise.
Use Banner Mattress to advertise or offer to sell goods and services.
Sell or otherwise transfer your profile.

5. User-Generated Contributions

Users cannot publish or post material on the website. The ability to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on Banner Mattress, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or other material (collectively, “Contributions”), may be made available to you. Other Site users and third-party websites may be able to access contributions. As a result, Banner Mattress Privacy Policy may be applied to any Contributions you send. You represent and warrant the following when you produce or otherwise make any Contributions available:

The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, Banner Mattress, and other users of Banner Mattress to use your Contributions in any manner contemplated by Banner Mattress and these Terms of Use.
You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by Banner Mattress and these Terms of Use.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person or to promote violence against a specific person or
class of people.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

Any use of Banner Mattress in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use Banner Mattress.

6. Contribution License

By using Banner Mattress, you agree that we can access, store, process, and use any information or personal data you provide in accordance with the Privacy Policy and your chosen settings.

If you submit suggestions or feedback about Banner Mattress, you agree that we can use and share your ideas for any purpose without compensating you.

We acknowledge that your donations are your property, along with any associated intellectual property or proprietary rights. We take no responsibility for any claims or representations made by you in your contributions to Banner Mattress. You agree to release us from any liability and waive your right to take legal action against us regarding your contributions, which are solely your responsibility.

7. Submissions

By giving us any inquiries, ideas, feedback, suggestions, or other information regarding Banner Mattress (referred to as “Submissions”), you agree that these Submissions are not confidential and become our exclusive property.

This means that we have the right to use and share your Submissions for any lawful purpose, without acknowledging or paying you.

You confirm that your Submissions are original and that you have the legal right to submit them, and you waive any moral rights to your Submissions.

If there are any claims of infringement or misappropriation of a proprietary right in your Submissions, you agree that you have no legal recourse against us.

8. Third-Party Website And Content

Banner Mattress provides links to other websites (referred to as “Third Party Websites”) and may also contain content, such as articles, photographs, music, videos, applications, software, and other items, that belong to or come from third parties (referred to as “Third-Party Content”). However, we do not investigate, monitor, or check the accuracy, appropriateness, or completeness of such Third Party Websites or Third-Party Content, and we are not responsible for any content or policies on these websites.

We do not endorse or approve of any Third Party Websites or Third-Party Content, and any decision to access them or use them is made at your own risk. You should review the relevant terms and policies, including those relating to privacy and data collection practices, of any website you visit or application you use from Banner Mattress.

If you make any purchases through Third Party Websites, you do so with the relevant third party, and we are not responsible for any issues or damages that may arise from such purchases. You agree that we are not liable for any harm caused by the products or services offered on Third Party Websites or any losses you may incur due to Third-Party Content or contact with Third Party Websites.

By using Banner Mattress, you acknowledge and agree that you assume all risk when accessing Third Party Websites or using Third-Party Content and that we are not responsible for any harm or losses resulting from your use of such websites or content.

9. Advertisers

We allow advertisers to display their ads and other content on certain parts of our website, such as the sidebar or banner areas. As an advertiser, you are fully responsible for any advertising you post on our website and any services or products you promote. You must ensure that you have all the necessary rights, including intellectual property, publicity, and contractual rights, to post your advertisements on Banner Mattress. We do not have any further involvement with advertisers except to offer a platform for advertising.

10. Site Management

We have the right to monitor Banner Mattress to ensure compliance with these Terms of Use. We are also authorized to take legal action against any user who, in their sole judgment, violates these terms or any applicable law. This legal action can include reporting the user to the authorities if necessary. Furthermore, Banner Mattress reserves the right to refuse, restrict, limit or disable any user’s access or rights on the website, depending on their sole judgment and within the limits of technological feasibility. This is aimed at protecting our rights and property, and to ensure the proper functioning of the website.

11. Privacy Policy

We take data privacy and security seriously and we have a Privacy Policy that you should review here: https://bannermattressonline.com/privacy-policy/. By using Banner Mattress, you accept our Privacy Policy, which is a part of these Terms of Use. It’s important to note that Banner Mattress is based in the United States. If you use Banner Mattress from another part of the world, you are consenting to transfer your data to the United States, and that your data will be processed in the United States. The laws and regulations governing data collection, use, and disclosure may differ in the United States from those in other parts of the world, and by using Banner Mattress, you agree to abide by these differences.

12. Term And Termination

While you are using Banner Mattress, the Terms of Use will remain in effect. We reserve the right, without prior notification or liability, to deny access to Banner Mattress to any person for any reason or no reason at all. This includes blocking specific IP addresses. We may also stop allowing you to use or participate in Banner Mattress, or remove any information you have submitted, at any time and without prior notice or explanation. This is at our sole discretion and without any liability.

If we terminate or suspend your account for any reason, you are not allowed to create a new account under your name, a borrowed or fake name, or the name of any third party. Even if you are acting on behalf of a third party, creating a new account under their name is prohibited. If we terminate your account, we reserve the right to take legal action, including civil, criminal, and injunctive action.

13. Modifications And Interruptions

Banner Mattress’s contents are subject to alteration, modification, or removal at any time and without prior notice for any reason. The website’s content is subject to change at any time without prior notice, and the company is not required to update any material on the website. Additionally, Banner Mattress may be discontinued or modified at any time, without notice or liability to the user.

The availability of Banner Mattress is not guaranteed, and there may be times when the website is unavailable due to technical issues, maintenance, or other factors. The company retains the right to suspend or modify Banner Mattress at any time and for any reason without prior notice, and is not obligated to compensate users for any inconvenience or loss resulting from such modifications or unavailability. The company is not required to provide updates or support for Banner Mattress.

Banner Mattress’s content may change without notice, the website may be discontinued or modified at any time, and the company is not liable for any loss or inconvenience resulting from the website’s unavailability or modifications.

14. Governing Law

The laws of the United States will be applied to these Terms of Use and your use of Banner Mattress. Specifically, it mentions that these laws will be applied to contracts that are made and fully executed within the United States, without taking into account any conflicting laws. This means that any disputes arising from the use of Banner Mattress will be governed by the laws of the United States, regardless of where the user is accessing the service from.

15. Dispute Resolution

In the event of any legal action, either party involved (referred to collectively as “Parties” or individually as “Party”) must file or pursue such action in the state and federal courts located in California. By agreeing to these Terms of Use, both parties give up any objection to this jurisdiction and venue, including any defense that the court lacks personal jurisdiction or that the forum is inconvenient. These Terms of Use do not apply to the Uniform Computer Information Transaction Act (UCITA) or the United Nations Convention on Contracts for the International Sale of Products, which may have different provisions that govern them.

16. Corrections

There may be typographical errors, inaccuracies, or omissions in the descriptions, prices, availability, or other information provided on Banner Mattress. We reserve the right to modify or update this information at any time, without any prior notice, in order to correct any errors, inaccuracies, or omissions.

17. Disclaimer

The website is made accessible “as is” and “as available.” You acknowledge that using the website and our services is at your own risk. We disclaim all warranties, explicit or implicit, in relation to Banner Mattress and your use of it, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, and non-infringement, to the maximum extent permissible by law. We make no warranties or representations about the accuracy or completeness of Banner Mattress’s content or the content of any websites linked to Banner Mattress and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your, access to and use of Banner Mattress, (3) any unauthorized access to or use of our secure servers and/or any and all personal. Information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from Banner Mattress, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through Banner Mattress by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via Banner Mattress. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through Banner Mattress, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise, caution where appropriate.

18. Limitations Of Liability

Even if we have been informed of the possibility of such damages, in no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the website.

19. Indemnification

You promise to protect us and our affiliates from any legal issues that may arise from your use of the platform. You agree to defend and indemnify Banner Mattress and its affiliates, officers, agents, business partners, and staff members against any loss, damage, responsibility, claim, or demand made by any third party due to your use of the platform, your breach of these Terms of Use, your violation of a third party’s rights (including intellectual property rights), or any harmful act you engage in towards another user on the platform.

If a legal issue arises, Banner Mattress reserves the right to assume exclusive control and defense over the matter at your expense. If this occurs, you agree to cooperate with Banner Mattress’s defense of the claim. However, Banner Mattress will use reasonable efforts to notify you of any legal claims or proceedings subject to indemnification as soon as they become aware of it.

20. User Data

For the purpose of maintaining Banner Mattress’s performance, we will keep track of some of the information you send to Banner Mattress, as well as information on how you use Banner Mattress. Despite the fact that we regularly back up your data, you are solely in charge of any data you communicate or that pertains to any activity you conduct while using Banner Mattress. You acknowledge that we will not be liable to you for any loss or corruption of such data, and you hereby release us from any claims you may have about such a loss or corruption of data.

21. Electronic Communications, Transactions, And Signatures

Electronic communications include messages sent to us via email, website visits, and online form submissions. You agree that all agreements, notices, disclosures, and other communications that we give to you electronically through email and on Banner Mattress fulfill any legal need that such communications be in writing. You also consent to receive electronic communications from us. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to the electronic delivery of notices, policies, and records of transactions initiated or completed by us or via Banner Mattress. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

22. Contact Us

For any questions about the Terms, please contact us at [email protected] for more information.