Terms and Conditions
Terms of Use
PLEASE REVIEW THE FOLLOWING TERMS & CONDITIONS BEFORE USING OUR WEBSITE(S). By
using our site(s) you agree to follow and abide by these Terms & Conditions that
govern their use and purchase of their products. Purchasing and shipping
products that are on this site creates an agreement between you (the buyer),
this Website, and the site owner, 1StopMattress.com dba of AM Orange County Inc..
These terms and conditions are applicable to you upon your accessing the site
and/or completing the registration or shopping process. These terms and
conditions, or any part of them, may be terminated by 1StopMattress.com dba of AM Orange County Inc.
without notice at any time, for any reason. The provisions relating to
Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and
Miscellaneous, shall survive any termination.
If you do not agree to these terms and conditions, please do not use this
site.
General
The information on our site(s) is subject to change without notice, including
but not limited to the rules that control the use of the site. By using the
site(s) after such changes, you are agreeing to follow and be bound by the terms
as changed.
Copyright
All rights are reserved and copyrighted by 1StopMattress.com dba of AM Orange County Inc. 2003-2012
including but not limited to product copy, graphics, design and all other text
and graphics elements. You may not copy or download any materials displayed on
our site except for your personal, noncommercial use. Without express
permission, the following are prohibited: Reproduction, publication,
transmission, display, distribution, modification, creating derivative works
from, selling or participating in any sale or exploitation in any way, in whole
or in part, of any content or of the site itself.
Trademarks
All trademarks, service marks and trade names of 1StopMattress.com dba of AM Orange County Inc. used in the
site are trademarks or registered trademarks of 1StopMattress.com dba of AM Orange County Inc.. Other
trademarks are the property of their respective owners. All other rights to
logos, service marks and trademarks, not limited to company and manufacturer
names, featured in this site, remain with their respective owners.
Order Acceptance
Information verification may be required prior to acceptance of any order, but
receipt of an order number or an order confirmation email does not constitute an
acceptance of an order or a confirmation of an offer to sell. 1StopMattress.com dba of AM Orange County Inc.
may limit the order quantity on any item and/or refuse service to any customer
without prior notification. While errors will be corrected upon discovery,
prices and availability of products on the Site(s) may change without notice,
and 1StopMattress.com dba of AM Orange County Inc. reserves the right to revoke any stated offer and to
correct any inaccuracies, errors, or omissions even after an order has been
submitted.
Notice
1StopMattress.com dba of AM Orange County Inc. may deliver notice to you by means of e-mail, a general
notice on the site, or by other reliable method to the address you have provided
to 1StopMattress.com dba of AM Orange County Inc..
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by
use of obscene or abusive language, is strictly forbidden. Impersonation of
others, including a 1StopMattress.com dba of AM Orange County Inc. or other licensed employee, host, or
representative, as well as other members or visitors on the site is prohibited.
You may not upload to, distribute, or otherwise publish through the site any
content which is libelous, defamatory, obscene, threatening, invasive of privacy
or publicity rights, abusive, illegal, or otherwise objectionable which may
constitute or encourage a criminal offense, violate the rights of any party or
which may otherwise give rise to liability or violate any law. You may not
upload commercial content on the site or use the site to solicit others to join
or become members of any other commercial online service or other organization.
Links to Other Web Sites
Neither this site nor 1StopMattress.com dba of AM Orange County Inc. has any control over or responsibility
for the reliability or quality of other websites to which this site or 1StopMattress.com dba of AM Orange County Inc.
links or which link to this site or 1StopMattress.com dba of AM Orange County Inc..
In an attempt to provide increased value to our visitors, 1StopMattress.com dba of AM Orange County Inc.
may link to sites operated by third parties. However, even if the third party is
affiliated with 1StopMattress.com dba of AM Orange County Inc., 1StopMattress.com dba of AM Orange County Inc. has no control over
these linked sites, all of which have separate privacy and data collection
practices, independent of 1StopMattress.com dba of AM Orange County Inc.. These linked sites are only for
your convenience and therefore you access them at your own risk. Nonetheless, 1StopMattress.com dba of AM Orange County Inc.
seeks to protect the integrity of its web site and the links placed upon it and
therefore requests any feedback on not only its own site, but for sites it links
to as well (including if a specific link does not work).
Participation Disclaimer
1StopMattress.com dba of AM Orange County Inc. does not and cannot review all communications and materials
posted to or created by users accessing the site, and is not in any manner
responsible for the content of these communications and materials. You
acknowledge that by providing you with the ability to view and distribute
user-generated content on the site, 1StopMattress.com dba of AM Orange County Inc. is merely acting as a
passive conduit for such distribution and is not undertaking any obligation or
liability relating to any contents or activities on the site. However, 1StopMattress.com dba of AM Orange County Inc.
reserves the right to block or remove communications or materials that it
determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive,
or misleading, (c) in violation of a copyright, trademark or; other intellectual
property right of another or (d) offensive or otherwise unacceptable to 1StopMattress.com dba of AM Orange County Inc.
in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless 1StopMattress.com dba of AM Orange County Inc., its
officers, directors, employees, agents, licensors and suppliers (collectively
the "Service Providers") from and against all losses, expenses, damages and
costs, including reasonable attorneys' fees, resulting from any violation of
these terms and conditions or any activity related to your account (including
negligent or wrongful conduct) by you or any other person accessing the site
using your Internet account.
Product Reviews
Neither this site nor 1StopMattress.com dba of AM Orange County Inc. has any control over or responsibility
for the reliability or quality of product reviews that appear on this site,
which are authored independently, and reflect the opinion of the review's
author.
Product Assembly and Safe Use
Purchase of a product means that you are agree to follow and abide with all
guidance provided for proper assembly and safe use of that product, as provided
by the makers or suppliers of those products, either as displayed with the
product, supplied upon delivery, or listed in Product Assembly & Safety below.
Warranties and Disclaimers
1StopMattress.com dba of AM Orange County Inc.'s intention is that data and information contained in its
Site(s) are reliable and accurate; however, since data and information have been
received from a variety of sources, they are PROVIDED ON AN "AS IS" or "AS
AVAILABLE" basis. You expressly agree that your use of this site is at your sole
risk. 1StopMattress.com dba of AM Orange County Inc. EXPRESSLY DISCLAIMS WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF
MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE,
ASSEMBLY, SAFE USE, WARRANTIES OF TITLE OR NONINFRINGEMENT. 1StopMattress.com dba of AM Orange County Inc.
SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS
SITE, INCLUDING COSTS ASSOCIATED WITH SERVICING OR REPAIRS OF EQUIPMENT YOU USE
IN CONNECTION WITH YOUR USE OF OUR SITE(S), WHICH SHALL BE YOUR RESPONSIBILITY.
Limitation of Liability
IN NO EVENT, SHALL 1StopMattress.com dba of AM Orange County Inc. OR ITS DIRECTORS, OFFICERS, EMPLOYEES,
SUBSIDIARIES, AGENTS, SUCCESSORS, AFFILIATES, DISTRIBUTORS, THIRD PARTIES
PROVIDING INFORMATION ON THIS SITE OR ASSIGNS BE LIABLE TO ANY USER OF ITS SITE
(S), THEIR SUCCESSORS OR ASSIGNS OR ANY OTHER THIRD-PARTY OR ENTITY FOR ANY
DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, EXTRAORDINARY, EXEMPLARY, SPECIAL OR
INCIDENTAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA,
LOSS OF USE, OR LOSS OF REVENUE, PROFITS OR ANY OTHER ECONOMIC ADVANTAGE)
ARISING OUT OF THE USE OR INABILITY TO USE THE SITE(S) OR ANY INFORMATION
CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE,
EVEN IF IT ARISES THAT THIS WEBSITE HAS BEEN PREVIOUSLY ADVISED OF PROSPECTIVE
POTENTIAL DAMAGE OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR
LOSSES, WHETHER IN TORT OR FOR BREACH.
Your use of this site shall be governed in all respects by the laws of the
state of California, U.S.A., without regard to choice of law provisions, and not
by the 1980 U.N. Convention on contracts for the international sale of goods.
You agree that jurisdiction over and venue in any legal proceeding directly or
indirectly arising out of or relating to this site (including but not limited to
the purchase of 1StopMattress.com dba of AM Orange County Inc. products) shall be in the state or federal
courts located in Los Angeles County, California. Any cause of action or claim
you may have with respect to the site (including but not limited to the purchase
of 1StopMattress.com dba of AM Orange County Inc. products) must be commenced within one (1) year after the
claim or cause of action arises. 1StopMattress.com dba of AM Orange County Inc.'s failure to insist upon or
enforce strict performance of any provision of these terms and conditions shall
not be construed as a waiver of any provision or right. Neither the course of
conduct between the parties nor trade practice shall act to modify any of these
terms and conditions. 1StopMattress.com dba of AM Orange County Inc. may assign its rights and duties under
this Agreement to any party at any time without notice to you.
You hereby acknowledge and understand that the preceding paragraph is
applicable to all information found throughout this site, including but not
limited to service details and products. In those states that limit or do not
allow the exclusion or limitation of liability for consequential or incidental
damages, liability is limited to the fullest extent permitted by law.
1StopMattress.com dba of AM Orange County Inc. makes no representation that the information on its site(s)
is available or appropriate in other locations, and access to site(s) in other
locations where content may be illegal is prohibited. Visitors using our site(s)
from any such location do so by personal choice and accept full responsibility
for adhering to local restrictions and laws.
Use of this site constitutes acknowledgment and acceptance to 1StopMattress.com dba of AM Orange County Inc.
Terms of Use, copyright 2003-2012 1StopMattress.com dba of AM Orange County Inc. . All rights reserved.
PRODUCT ASSEMBLY & SAFETY
Neither this website nor 1StopMattress.com dba of AM Orange County Inc. designs, manufactures or ships any
of the products offered or sold on this site, and as such, makes no
representation or guarantee about the safety of these products, or, in the case
of self-assembled items, about whether purchasers who receive such products will
properly and safely assemble these items. Product and assembly safety is solely
and exclusively the province and responsibility of the manufacturer, the
purchaser, and the shipper. Any suspected damage in shipping must be noted at
the time a shipment is received with the shipper, and as stated in our Return
Policy. Assume that suspected damage may create a potential safety hazard and we
advise that you do not use the product. Product assembly must be completed in
exact conformance with the Manufacturer's written instructions, and if offered,
the Manufacturer's telephone assistance.
DISCLAIMER
Neither 1StopMattress.com dba of AM Orange County Inc. nor this Website are responsible for injuries
resulting from use of products offered on and/or purchased from this site.
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