Us Best Mattress

TERMS & CONDITIONS OF USE

IMPORTANT:YOUR USE OF THE SERVICES (AS DEFINED BELOW) IMPLIES THAT YOU UNDERSTAND AND AGREE TO THE FOLLOWING TERMS AND CONDITIONS. IF YOU DISAGREE WITH THESE TERMS AND CONDITIONS, PLEASE REFRAIN FROM USING THE SERVICE.

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1. ACCEPTANCE OF TERMS

The following agreement outlines the terms and conditions that apply to your use of the website, usbestmattress.com (referred to as "usbestmattress.com" or "We"). The website, including all content, features, and services offered, is collectively referred to as the "Service". By accessing and using the Service, you, the user, agree to abide by and be bound by the usbestmattress.com Terms of Use and Privacy Policy (collectively referred to as the "Terms"). If you do not agree with these Terms, you should immediately stop using the Service. usbestmattress.com reserves the right to make changes to these Terms at any time without notice. In the event of a material change, we will notify you through email or by posting a prominent notice on our website. By continuing to use the Service following any changes, you agree to be bound by the modified Terms. If you are not comfortable with the changes, please refrain from using the Service.

2. LICENSE

2.1 Limited license to access the services

In accordance with the terms and conditions outlined in this agreement, usbestmattress.com grants you a personal, non-exclusive, non-transferable, non-assignable, non-sublicensable, revocable, and limited license to access and use the Service for personal, non-commercial purposes only. This license is granted to you until it is terminated as specified in these Terms.

2.2 Limitations on use

You agree to use the Service exclusively for your personal, non-commercial use, and for no other purpose. You certify that you are at least 18 years old, and, unless specifically allowed in these Terms, you agree not to:

  1. sell, license (including sub-licensing), rent, assign, transfer, or pledge any of your rights under these Terms to any third party;
  2. transfer, distribute, duplicate, or scrape any part of the Service or the Intellectual Property Rights of usbestmattress.com (defined below) and/or use the Service as a service bureau;
  • attribute to the Service by use of framing and/or deep-linking;
  1. use the Service in any jurisdiction where it is illegal or where it would require usbestmattress.com or its affiliates to register in that jurisdiction or country;
  2. use the Service or encourage, promote, facilitate, or instruct others to use the Service for any illegal, harmful, or offensive purposes;
  3. send or upload any viruses, spyware, or other harmful, infringing, illegal, disruptive, or destructive content, messages, or files;
  • access the Service through unauthorized means or use any unauthorized tools, including data mining, bots, or similar automated methods, or data gathering and extraction tools, for the purpose of extracting parts of the Service for reuse;
  • distribute, publish, send, or promote the sending of any advertisements, spam, inappropriate, misleading, fraudulent, libelous, defamatory, distasteful, threatening, abusive, or illegal content, or content that infringes on the Intellectual Property Rights of third parties or their right to privacy;
  1. reproduce, modify, translate, reverse engineer, decompile, disassemble (except where prohibited by law), make any attempts to discover the source code of the Service or any other software used on the Service, or create derivative works based on the Service;
  2. attempt to access or obtain private information from other users in any way;
  3. attempt to interfere with or compromise the security of any transmissions to or from the servers hosting the Service.

You bear the sole responsibility for obtaining, funding, repairing, and maintaining all the necessary equipment, hardware, software, and services required for accessing and utilizing the Service.

3. SUBMITTED MATERIALS

3.1 Submitted materials

In summary, these terms and conditions prohibit users from engaging in activities that are illegal, harmful, inappropriate, or infringing on the rights of others. Users are solely responsible for the equipment and services required to access the Service, and they must also be responsible for the materials that they submit to the Service. usbestmattress.com has the right to remove or alter any submitted materials and is not obligated to use or exhibit them in any manner. Submitted materials may be accessible to the public and may be promoted and transferred by usbestmattress.com at its sole discretion, so it is recommended that users do not include private information in their submissions.

3.2 Representations and warranties

You represent and warrant to usbestmattress.com that your Submitted Materials:

  1. Agree to abide by all relevant laws and regulations and to not violate the rights of any third party, including intellectual property rights and the right to privacy, in accordance with the terms and conditions outlined in these terms;
  2. do not and will not incorporate any threatening, offensive, racist, hateful, violent, obscene, libelous, defamatory or otherwise inappropriate or any commercial content;
  • are and shall be free from any constraints, third party rights, payment obligations and/or royalties (including, without limitation, to any collecting societies).

"Submitted Materials" shall mean any and all material, text, photographs, videos, and information data provided and/or uploaded by you to the Service.

4. OWNERSHIP OF PROPRIETARY RIGHTS

All the intellectual property rights associated with the Service, including but not limited to the software, platforms, algorithms, technology, application and website design, data, services, texts, submitted materials, files, sound, music, videos, various applications, social graphs, organization, design, specifications, application appearance, features and related content, modifications, enhancements, improvements, and derivatives thereof, as well as all intellectual property rights related to the usbestmattress.com, belong to usbestmattress.com and/or its affiliated entities, who hold all rights, title, and interest in relation to these.

You acknowledge that no rights are transferred or granted through these Terms or any other provision in the Service regarding the usbestmattress.com IPR. If, by operation of law, usbestmattress.com does not own all of the usbestmattress.com IPR in its entirety, you hereby irrevocably transfer and convey ownership of such usbestmattress.com IPR to usbestmattress.com, including all rights, titles, and interests, without charge. You agree to assist usbestmattress.com, at usbestmattress.com's expense, in obtaining and enforcing Intellectual Property Rights for the usbestmattress.com IPR worldwide, and will sign any reasonable documents requested by usbestmattress.com for this purpose.

"Intellectual Property Rights" means worldwide:

  1. rights included with works of authorship, designs and photography, along with copyrights;
  2. trademarks, service marks, domain names, logos, trade names, trade dress and goodwill rights whether or not registered;
  3. patents, patent applications and industrial styles;
  4. rights analogous to those set forth henceforth and any other proprietary rights relating to intangible property;
  5. divisions, continuations, renewals, reissues and extensions of the foregoing (as applicable) now existing or hereafter filed, issued, or acquired.

5. USER WARRANTIES AND REPRESENTATIONS

You represent and warrant to usbestmattress.com that:

  1. you must have, and continue to have at all times, all necessary permissions, approvals, and ownership rights in relation to the Service, and are responsible for fulfilling your obligations and granting usbestmattress.com all necessary rights, licenses, and approvals, including without limitation in relation to the Submitted Material;
  2. you must ensure that your use of the Service complies with all applicable laws, rules, regulations, statutes, and ordinances.

6. PRIVACY

usbestmattress.com privacy practices are governed by usbestmattress.com’s privacy policy, the most updated copy of which can be found at: Privacy Policy ("Privacy Policy").

7. DISCLAIMER

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE AND THE usbestmattress.com IPR IS AT YOUR OWN RISK. THE SERVICE, INCLUDING THE usbestmattress.com IPR, IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT ALLOWED BY LAW, usbestmattress.com DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE. usbestmattress.com DOES NOT WARRANT THAT THE usbestmattress.com IPR AND SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SERVICE OR SERVER(S) ARE FREE OF VIRUSES OR HARMFUL COMPONENTS. usbestmattress.com DOES NOT WARRANT OR REPRESENT THE USE OR THE RESULTS OF THE USE OF THE usbestmattress.com IPR OR SERVICE, INCLUDING THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO PROTECT YOURSELF AGAINST CLAIMS, DAMAGE, LOSS, OR HAZARDS ARISING FROM YOUR USE OF THE SERVICE OR THE usbestmattress.com IPR. IN PARTICULAR, YOU AGREE AND ACKNOWLEDGE THAT usbestmattress.com DOES NOT GUARANTEE ANALYSIS OF ALL PRICES AND OFFERINGS FOR EACH PRODUCT IN A SPECIFIC CATEGORY, AND THAT usbestmattress.com'S PRODUCT RANKINGS AND SELECTIONS ARE SUBJECTIVE AND DETERMINED BY usbestmattress.com'S SEARCH SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

8. LIMITATION OF LIABILITY

ACCORDING TO APPLICABLE LAWS, usbestmattress.com, ITS AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTORS, AND SUPPLIERS WILL NOT BE LIABLE TO YOU OR ANY ENTITY FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, EXPLICIT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PROFIT LOSS, BUSINESS OPPORTUNITY LOSS, BUSINESS DISRUPTION, REVENUE LOSS, INCOME LOSS, GOODWILL LOSS, USE, DATA OR INTANGIBLE LOSS, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICES OR RELIANCE ON usbestmattress.com IPR, OR ERRORS, INACCURACIES, OMISSIONS, DEFECTS, SECURITY BREACHES, OR ANY FAILURE TO PERFORM BY usbestmattress.com. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. YOU ACKNOWLEDGE THAT THE WARRANTY DISCLAIMERS AND LIABILITY AND REMEDY CONDITIONS ARE AN ESSENTIAL PART OF THESE TERMS, AND WERE TAKEN INTO ACCOUNT IN YOUR DECISION TO ENTER INTO THESE TERMS.

9. INDEMNIFICATION

You agree to defend, compensate, and protect usbestmattress.com and anyone associated with it, including but not limited to its owners, managers, officers, affiliates, employees, agents, licensors, and suppliers, from and against any losses, expenses, liabilities, claims, damages (including attorney fees, expert fees, and other litigation costs) arising from, resulting from, or in any way related to:

  1. any use of your account and/or use of the Service;
  2. your violation of any third party right, including, without restriction, any copyright, property, or privacy right, and including any third party claim in respect of the Submitted Materials;
  • any breach of these Terms.

10. THIRD PARTY CONTENT

The Service provided by usbestmattress.com includes information, links, and references to third-party services, products, and resources that are not under its control. Any concerns regarding such services, products, or resources, or any content or links related to them, should be addressed to the relevant third-party provider.

The links provided on the Service are intended to serve as a resource and are offered only for the user's convenience. usbestmattress.com is not responsible or liable for any links or content found through these links. If the user accesses a linked site or content that is not provided by usbestmattress.com, they do so at their own risk and usbestmattress.com will not be held responsible or liable for any damages or losses that may occur in connection with such sites or content. It is recommended that the user carefully review the terms of use and privacy policies of any linked sites, applications, or content before accessing them.

Some of the content and materials available through the Service may be provided by third parties. No reference in the Service to any third-party content (including submitted materials and advertisements), commercial product, process, or service, or provider of such product, process, or service constitutes an endorsement, recommendation, or favoring by usbestmattress.com.

Any opinions, advice, statements, content, services, products, offers, or other information expressed or made available by third parties do not reflect the views of usbestmattress.com and are not endorsed, promoted, solicited, or recommended by usbestmattress.com. The company is not responsible or liable for any such information. Any product or service purchased in relation to third-party content is not ordered from usbestmattress.com, but from the relevant third-party provider. usbestmattress.com acts as a mere conduit for third-party content and is not obligated to evaluate such content and does not provide any warranties or representations regarding it, and will have no liability for any of the above-mentioned information.

11. NOTICE AND TAKEDOWN

If you believe that any of the content provided through the Services infringes on your Intellectual Property Rights, violates your privacy rights, or is defamatory or otherwise illegal, please file a complaint with usbestmattress.com. Provide a detailed description of the content in question and the basis for your complaint, and we will make reasonable efforts to remove it.

12. TERMINATION

We may terminate these Terms and/or revoke your access to any or all parts of the Service and/or the usbestmattress.com IPR at any time, without notice, and at our sole discretion. In such an event, you must immediately stop using the Services, but the following sections will remain in effect: 1, 2.2, 3-13.

usbestmattress.com reserves the right to limit or revoke your license and access to and/or use of the Services and/or the usbestmattress.com IPR at any time, for any reason, in its sole discretion. This can include but is not limited to technical difficulties or violations of these Terms. If your license to use the Service expires or is terminated, usbestmattress.com may, without notice, delete or deny you access to any of the usbestmattress.com IPR, Submitted Materials, or metadata that may still be in its possession or control.

13. GENERAL

These terms will be governed by and interpreted according to the laws of Israel, disregarding any conflict of law principles. Both parties consent to the exclusive jurisdiction of the courts in Tel-Aviv in relation to any claims arising from, connected with, or in any way related to these terms. The application of the United Nations Convention of Contracts for the International Sale of Goods or other international laws is excluded.

If any part of these terms is deemed unenforceable, it will only be revised to the extent required to make it enforceable. If this revision still results in the provision being invalid or unenforceable, the provision will be considered separate from the rest of the terms and will not impact the validity of the remaining terms.

You agree that usbestmattress.com has the right to redesign or modify the usbestmattress.com IPR, Service, or any part thereof, at any time and for any reason.

These terms constitute the entire agreement between you and usbestmattress.com regarding the subject matter.

usbestmattress.com has the discretion to assign these terms in whole or in part. You are not allowed to assign or transfer these terms, or any of your rights or obligations, to a third party without written consent from usbestmattress.com. Any unauthorized assignment will be considered void.

No provisions of these terms are intended or should be interpreted as giving any person or entity, other than you and usbestmattress.com, any rights, remedies, or benefits under or related to these terms.

A failure to enforce any rights or take action in the event of a breach by either party will not be considered a waiver by that party for future enforcement of rights or actions for future breaches.

All waivers must be in writing and any waiver or failure to enforce a provision of these terms on one occasion will not be considered a waiver for any other provision or for such provision on any other occasion.

Any cause of action arising from or related to the Services must be initiated within one year after the cause of action arises. Otherwise, it will be permanently barred.

If you have any further questions or need additional clarification, please contact us.

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