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Terms of Use
Use & Restrictions Copyright Feedback Disclaimer Libability Trademark Miscellaneous
Acceptance of Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY. BY USING THE SITE OR THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE SITE OR THE SERVICES. Bedding Industries of America and Mattress Development Company reserve the right to make changes to these Terms of Use by advising you of the proposed change using a form of notice that is appropriate for the nature of the proposed changes, including where appropriate by posting amended Terms of Use on the Site. The changes are effective on the earlier of (a) the date specified in a notice delivered to you advising of the changes (which may be delivered by email, messaging, or other electronic means), or (b) 14 days after the amended Terms of Use are posted on the Site. If you do not agree to the amended Terms of Use, do not use the Site or the Services. These Terms of Use are effective as of 10/10/2011.

 

Use and Restrictions

You may use the Site only in accordance with all applicable laws and regulations and with these Terms of Use. You acknowledge and agree that Bedding Industries of America and Mattress Development Company, in its sole discretion and without notice or any liability to you, may temporarily suspend or permanently discontinue your, and refuse any and all current and future, access to or use of the Site or Services. You further agree that you will not in connection with the Site or Services: interfere with the operation of the Site or the Services in any way, or interfere with anyone's use or enjoyment of the Site or the Services; copy, modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, transfer, or sell any text, images, software, source code, applications, specifications, audio files, articles, and other information or content available through the Site or otherwise change or commercially exploit in any way the Site or Services; other than as expressly permitted in these Terms of Use, access or attempt to access any systems or servers on which the Site is hosted or modify or alter the Site in any way, or use the Site or the Services to gain unauthorized access to any other systems or servers; impersonate any person or entity, forge headers, create a false identity, or otherwise manipulate identifiers in order to deceive others or disguise the origin of any Content or other information transmitted to or via the Site; defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others; use racially, ethnically, or otherwise offensive language; discuss or incite illegal activity; use explicit/obscene language or solicit/post sexually explicit images (actual or simulated); post anything that exploits children or minors or that depicts cruelty to animals; post any materials that infringes or misuses any copyright, trademark or other right of any other person; disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation; use any robot, spider, scraper or other automated means to access the Site; reverse assemble, reverse engineer, decompile, or otherwise attempt to derive source code from the software used in the Site; or alter the opinions, goals, profiles or comments posted by others on the Site. You also agree to abide by all additional rules, policies, and restrictions of which you are provided with notice that apply to any portion of the Site or the Services.

Welcome to the website operated by Bedding Industries of America and Mattress Development Company located at www.eclipsemattress.com. The Site and any services or products provided by Bedding Industries of America and Mattress Development Company on or in connection with the Site (the "Services") are provided to you subject to the following terms and conditions (the "Terms of Use").

 
Copyright/Trademark

All trademarks, service marks, trade names, logos and trade dress, whether registered or unregistered (collectively the "Marks") that appear on the Site are proprietary to Bedding Industries of America and Mattress Development Company or such Marks' respective owners. You may not display or reproduce the Marks other than with the prior written consent of Bedding Industries of America and Mattress Development Company, and you may not remove or otherwise modify any trademark notices from any Content. All of the Content you see and hear on this website, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips and text, are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Bedding Industries of America and Mattress Development Company or its subsidiaries. The Content of this website, and the site as a whole, is intended solely for personal, noncommercial use by the users of the website. You may download, print and store selected portions of the Content, provided you (1) only use these copies of the Content for your own personal, non-commercial use, (2) do not copy or post the Content on any network computer or broadcast the Content in any media, and (3) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. Bedding Industries of America and Mattress Development Company reserve the complete title and full intellectual property rights in any Content you download from this website. Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content without first obtaining written permission from Bedding Industries of America and Mattress Development Company If you know of, or suspect copyright or trademark infringement please send a notice to Bedding Industries of America and Mattress Development Company

 

Submissions/Testimonials

We welcome your comments regarding this website. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") sent to Bedding Industries of America and Mattress Development Company shall be and remain the exclusive property of Bedding Industries of America and Mattress Development Company. Your submission of any such Comments shall constitute an assignment to Bedding Industries of America and Mattress Development Company of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Bedding Industries of America and Mattress Development Company will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. If you submit to us a testimonial, including, without limitation, testimonials about our products or services, such submission will not be confidential or secret, and may be used by us in any manner. By submitting or sending a testimonial to use, you: (i) represent and warrant that the testimonial is original to you, that no other party has any rights thereto, and that any "moral rights" in such testimonial have been waived, and (ii) you grant us a royalty-free, unrestricted, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub-licensable right and license to use, reproduce, publish, distribute, display, translate, summarize, modify and adapt such testimonial (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, in our sole discretion, with or without your name. All testimonials found on this website are for the exclusive use of Bedding Industries of America and Mattress Development Company and are not to be reproduced or copied in any way. You acknowledge that you are responsible for the information, profiles, goals, opinions, messages, comments, photos and other content or material that you submit, upload, post or otherwise make available on or through the Site (each a "Submission") and through the Services, and that you, and not Bedding Industries of America and Mattress Development Company, have full responsibility for each such Submission you make, including its legality, reliability, appropriateness, and trademark and copyright ownership. Unless otherwise explicitly stated herein you agree that any Submission provided by you in connection with the Site is provided on a non-proprietary and non-confidential basis. You agree that Bedding Industries of America and Mattress Development Company are free to use a Submission for the purpose of providing you with the associated services and you grant Bedding Industries of America and Mattress Development Company a sub-licensable, perpetual, nonexclusive, worldwide, royalty-free license to (in any media, whether now known or not currently known or invented) link to, utilize, use, publicly perform, publicly display, reproduce, distribute, modify and prepare derivative works of the Submission. YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS IN YOUR SUBMISSIONS. You represent and warrant that: (a) you own all Submissions posted by you on or through the Site or otherwise have the right to grant the licenses to Bedding Industries of America and Mattress Development Company contemplated by this section, and (b) the posting of your Submissions on or through the Site does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity. Bedding Industries of America and Mattress Development Company reserve the right to (a) terminate your access to your account, your ability to post to the Site or the Services and (b) refuse, delete or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that Bedding Industries of America and Mattress Development Company determine is inappropriate or disruptive to the Site or to any other user of the Site or Services. Bedding Industries of America and Mattress Development Company may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Bedding Industries of America and Mattress Development Company's discretion, Bedding Industries of America and Mattress Development Company will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Site or on the Internet. Bedding Industries of America and Mattress Development Company may, but are not required to, monitor, police or remove any Submissions or other information submitted by you or any other user.

 
Feedback

If you submit any feedback or ideas about products and services to the Site, you hereby assign and agree to assign to Bedding Industries of America and Mattress Development Company all right, title and interest in and to such feedback.

 

Account Responsibility

You are responsible for maintaining the confidentiality of your account information and password for any account you set up on the Site and are responsible for all activities that occur under your account or password.

 

Links to Third Party Websites

The Site may contain links to websites and other resources operated by third parties other than Bedding Industries of America and Mattress Development Company or its service providers. Such links are provided solely as a convenience to you. Bedding Industries of America and Mattress Development Company does not control such websites, and is not responsible for the content, products, services or information offered by any third parties. The inclusion of links to such websites on the Site does not imply any endorsement of any website or the content, products or services offered, advertised, endorsed or promoted by any third party, or of any company or person. If you decide to access any third party websites or acquire any third party products or services, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies imposed by such third parties.

 
Warranties and Disclaimer

YOU ACKNOWLEDGE AND AGREE THAT THE SITE, SUBMISSIONS, SERVICES AND ANY CONTENT PROVIDED VIA THE SITE, INCLUDING LINKS, ARE PROVIDED ON AN "AS IS", "AS AVAILABLE", AND "WITHOUT ANY LIABILITY" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BEDDING INDUSTRIES OF AMERICA AND MATTRESS DEVELOPMENT COMPANY DISCLAIM AND EXCLUDE ALL REPRESENTATIONS, CONDITIONS, AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, SUBMISSIONS, CONTENT AND ANY SERVICES OR PRODUCTS, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM ERRORS, OMISSIONS, COMPUTER VIRUSES OR OTHER MALICIOUS OR UNAUTHORIZED CODE OR PROGRAMS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, TRADE PRACTICE, OR COURSE OF PERFORMANCE. IN ADDITION, BEDDING INDUSTRIES OF AMERICA AND MATTRESS DEVELOPMENT COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SITE, SUBMISSIONS, CONTENT, OR ANY PRODUCTS OR SERVICES, OR ANY OTHER INFORMATION ACCESSIBLE VIA THE SITE IS SECURE, ACCURATE, COMPLETE OR CURRENT OR THAT ANY PARTICULAR PRODUCTS OR INVENTORY WILL BE AVAILABLE THROUGH THE SITE OR AT ANY PARTICULAR STORE, OR THAT YOUR USE OF THE SITE OR THE SERVICES WILL BE ERROR FREE OR THAT THE SITE WILL OPERATE WITHOUT INTERRUPTION.

 
Limitation of Liability

BEDDING INDUSTRIES OF AMERICA AND MATTRESS DEVELOPMENT COMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS, SERVICE PROVIDERS AND THIRD PARTY PARTNERS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, MULTIPLIED OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, WHETHER OR NOT SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER UNDER CONTRACT, TORT OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR MISUSE OF THE SITE OR THE SERVICES OR IN RELIANCE ON THE CONTENT AVAILABLE ON THE SITE, INCLUDING WITHOUT LIMITATION ANY BUSINESS INTERRUPTION, LOSS OF USE, LOST DATA, LOST PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, OR ANY PECUNIARY LOSS. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN THE EVENT OF ANY PROBLEM WITH THE SITE, SERVICES OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THE SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THE SITE. DISCLAIMERS. This website is operated by Bedding Industries of America and Mattress Development Company on an "as is," "as available" basis, without representations or warranties of any kind. To the full extent permitted by law, Bedding Industries of America and Mattress Development Company and its subsidiaries disclaim any and all representations and warranties with respect to this website and its contents, whether express, implied, or statutory, including, but not limited to, warranties of title, merchantability and fitness for a particular purpose or use. Without limiting the foregoing, Bedding Industries of America and Mattress Development Company do not represent or warranty that the information on this website is accurate, complete, reliable, useful, timely or current or that this website will operate without interruption or error. Without limiting the foregoing, Bedding Industries of America and Mattress Development Company disclaim any liability as to the accuracy or completeness of each item description. Bedding Industries of America and Mattress Development Company do not endorse nor make any warranties or representations about the options or other service or data you may access, download or use as a result of the use of the information contained on this website, or about any website you may access through this site. Links to other site are provided for convenience only. You need to make your own decisions regarding your interactions or communications with any other website. Bedding Industries of America and Mattress Development Company make no representation that content provided on this website is applicable or appropriate for use in locations outside of the United States. Bedding Industries of America and Mattress Development Company assume no risk or responsibility for your use or any of the content provided on this website. Under no circumstances, shall Bedding Industries of America and Mattress Development Company or any of their employees, directors, officers, agents, vendors or suppliers by liable for any direct or indirect losses or damages arising out of or in connection with the use or inability to use this website. This is a comprehensive limitation of liability that applies to all losses and damages of any kind (whether general, special, consequential, incidental, exemplary or otherwise, including, without limitation, loss of data, income or profits), whether in contract, negligence or other tortuous action, even if an authorized representative of Bedding Industries of America and Mattress Development Company has been advised of or should have known of the possibility of such damages. If you are dissatisfied with this website or any content on the site, of with their terms and conditions, you may discontinue using the website. You acknowledge, by your use of this website, that your use of the site is at your own risk. Applicable law may not allow the limitation of liability set forth above, so this limitation of liability may not apply to you. If any part of this limitation on liability is found to be invalid or unenforceable for any reason, then the aggregate liability of Bedding Industries of America and Mattress Development Company under such circumstances for liabilities that otherwise would have been limited shall not exceed one dollar ($1).

 
Copyright and Trademark Infringement

Notification: Bedding Industries of America and Mattress Development Company respect the intellectual property rights of others, and you are asked to do the same. Bedding Industries of America and Mattress Development Company may, in appropriate circumstances and at its discretion, terminate Services and/or access to the Site for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on the Site, please provide Bedding Industries of America and Mattress Development Company's designated agent the following information: A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit Bedding Industries of America and Mattress Development Company to locate the material. Information reasonably sufficient to permit Bedding Industries of America and Mattress Development Company to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Bedding Industries of America and Mattress Development Company's agent for notice of claims of copyright or trademark infringement on the Site can be reached as follows: By mail: Attention: Adam Carlitz, 1375 Jersey Avenue North Brunswick, New Jersey 08902.

 
 
 
 
 
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