Jump ahead to:
- 1.2 User Eligibility
- 1.3 User Responsibilities
- 1.4 Ownership of Content
- 1.5 Photography
- 1.7 Affiliates
- 1.8 Limitations of Liability and Disclaimer of Warranties
- 1.9 Location
- 1.10 Amendment
- 1.11 Entire Agreement
- 1.12 Waiver
- 1.13 Severability
- 1.14 Applicable Law and Forum
- 1.15 Headings
- 1.16 Questions, Concerns, or Feedback
MattressSmarts.com (a.k.a. Mattress Smarts, “we”, “us”, “our” or “website” or “site”). Mattress Smarts is a website intended to provide people in the process of shopping for a new mattress with information that will help them navigate their way through the confusing and contradictory world of mattress shopping in order to obtain the best prices for the mattresses they want. Mattress Smarts provides helpful articles and links to mattress retailers and shopping resources.
This site is not intended for or directed to users under the age of 18.
You are responsible for your use of MattressSmarts.com and the information you submit. You agree not to take any action that causes or may cause harm to Mattress Smarts, the site, and/or its users, including, without limitation, copying of content on the site (including site code), initiating denial-of-service attacks, uploading viruses, trojans, malware, spyware or other harmful or malicious software or code, hacking, or otherwise compromising site security or user information. Misuse of the site and its content may result in legal action taken against the offending user. In extreme cases, we reserve the right to report information to the relevant government authorities.
Ownership of Content
We grant you a limited, nonexclusive, nontransferrable license to access and use the website. You may not copy, modify, distribute, transmit, or display any portions of the website, including without limitation, images or the source code, without written authorization of Mattress Smarts.
If you voluntarily transmit content to us, including, without limitation, content in the form of blog comments or site feedback, you grant us a perpetual, worldwide, irrevocable license to use, display, store, transmit, copy, distribute, and modify the content in any medium for any purpose. You further assign to us any ideas for improvements to the site or its services based on any comments or feedback or other content you provide to us, and agree that we shall have no requirement or liability to you or in general for implementing said improvements.
If any third parties believe that any site content violates their copyright, they may notify us according to the procedure in the DMCA and provide us with a written takedown notice which shall include the following information:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
3. 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, and information reasonably sufficient to permit us to locate the material.
4. Information reasonably sufficient for us to contact you, such as email, mailing address, and telephone number.
5. 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 owner, its agent, or the law.
6. 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.
The notice may be addressed to email@example.com.
In addition to original photography, this site makes use of licensed stock photography. Such photography is for illustrative purposes only and persons depicted are models.
What information do we collect?
When you sign up for the Mattress Smarts email newsletter, you provide us with your first and last name and your email address.
When you post comments on articles and pages on the Mattress Smarts website, you provide us with your name (you may elect to provide us with part of your name or your full name), your email address, your website (at your option) and your comment.
We also collect analytics when you visit the site. We use Google Analytics and Clicky for our analytics. Analytics we collect from you may include (without limitation) your location (city/state/country), your ISP, your operating system, how you reach our website, and what pages you visit on our site and in what order your visit them. Analytics are aggregated and anonymized, and may not be readily identifiable to you.
What do we use your information for?
We use the information you provide us when you sign up for our email newsletter to deliver the newsletter to the email address you specify.
We use the information you provide us when you post comments on our site to display your comment to other visitors of the site. We may also use the information you send us when you submit comments to the site to provide you a direct email response to your comment.
How is your information stored?
The information you provide us when you sign up for our email newsletter generates an email that is sent to us; the information is then stored in our email/web server.
The comments you post on our website are stored on our email/web server. Our email/web server is provided by our third-party hosting company, which uses standard security measures to store and secure information.
Analytics we collect from you are stored with our analytics providers, currently Google Analytics and Clicky, according to their standard storage and security policies.
Who is your information shared with?
We do not share information you provide us when you sign up for our email newsletter.
Comments you post on website pages are publicly posted and viewable by other visitors to the website. If we respond to your comment by direct email, that response is not shared with other visitors to the website.
Our analytics providers provide us with analytics that we collect; we may share the analytics with third parties for the purposes of improving our website.
We may share limited information with our affiliate partners, as described below.
Our website contains links to our affiliate partners’ websites. When you leave our website and go to our affiliates’ sites, your information while visiting our affiliates is handled according to their respective privacy policies, which are viewable on their websites.
Our affiliates partners who have links and advertisements on our website may, when you click on their links, install data known as a “cookie” on the device you are using to access the website and our affiliates’ sites, which allow our affiliate to log the fact that you came from our website and track your activity on their website; this allows our affiliates to pay us a small commission at no cost to you if you visit and/or purchase from our affiliates. We also may install a cookie on your browser for the purposes of displaying ads to our site in the future. You may disable cookies by selecting the appropriate options in your browser’s settings; however, functions of our site and of our affiliates’ site may not work properly if cookies are disabled.
Additional Privacy Terms
This site is not intended for the use of minors, and we do not intentionally solicit the information of minors. If you are the parent or guardian of a minor child and believe we have collected your child’s information in error, please contact us at firstname.lastname@example.org and we will delete your child’s information.
We may post links from our affiliate partners. Whenever you visit and/or purchase products or services from our affiliates, we may be paid a small commission. Although we attempt to take care to work with reputable affiliate partners, we cannot guarantee or warrant the websites of or the goods or services sold by our affiliate partners. You visit our affiliate partners at your own risk, and agree to indemnify and hold us harmless from any damage or loss you may suffer as a result of visiting the websites of or purchasing from our affiliate partners. However, if you have a negative experience with any of our affiliate partners, we invite you to let us know by contacting us at email@example.com
Limitations of Liability and Disclaimer of Warranties
Your use of the website is at your own risk. The website is provided “as is” and “as available”. We disclaim all express and implied warranties, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement, to the fullest extent permitted by law. We are not liable, to the fullest extent permitted by law, for any damages, direct or consequential, that might arise from your use of the website (including, without limitation, the non-availability of the website), and you agree to indemnify, defend, and hold us harmless from any claims, losses, damages, and expenses (including attorneys’ fees and litigation expenses) that you may have against us or a third party, or that may arise from your violation of a third party’s rights, as a result of your use of the website. In no event shall our liability to you exceed the price paid by you for the goods or services giving rise to the claim or cause of action.
This website is designed and intended for users in the United States. At this time we do not offer products and services outside of the United States, nor can we guarantee the suitability or legality of this website outside of the United States. Users who access this website outside the United States do so at their own risk.
Applicable Law and Forum
Questions, Concerns, or Feedback