Welcome to the Denver Mattress Co. Web Site ("Site"). Please review the following basic terms that govern your use of our Site. Please note that your use of our Site constitutes your agreement to follow and be bound by those terms (the "Agreement").
We may from time to time change the terms that govern your use of our Site. Your use of our Site following any such change constitutes your agreement to follow and be bound by the terms as changed. We may change, move or delete portions of, or may add to, our Site from time to time.
Unless otherwise noted, all materials, including, without limitation, images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of this Site (collectively, the "Contents") are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Furniture Row, LLC and its subsidiaries and/or affiliates ("Denver Mattress Co."). The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by Furniture Row. The Contents of our Site, and the Site as a whole, are intended solely for personal, noncommercial use by the users of our Site. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents or the Site. Your failure to comply with this section may be considered by Furniture Row as a breach thereof and subject you to legal action including, but not limited to, a lawsuit for damages or injunctive relief and the payment to Furntiure Row of its costs and attorneys' fees to enforce this section.
User Comments, Feedback and Other Submissions
You may submit comments, feedback, suggestions, ideas, complaints, and questions (collectively, "Comments") to Denver Mattress Co. through the Customer Service or Contact Us links on our Site. All Comments disclosed, submitted or offered to Denver Mattress Co. on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site shall be and remain Denver Mattress Co.'s property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Denver Mattress Co. of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Denver Mattress Co. will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Denver Mattress Co. is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make. You agree that Denver Mattress Co. may use and/or disclose information about your demographics and use of the Site in any manner that does not reveal your identity.
Denver Mattress Co. values its customers and respects their privacy. If you submit Comments to our customer service representatives, we may ask you for information such as your name, address and e-mail address so we can respond to your questions or comments. We may retain this information to personalize your experience with us and better assist you the next time you contact us. We do not sell or rent your personal information to third parties. The information you supply to us is added to our customer database. We may also send you catalogs or emails to inform you of new products, services and special offers, special promotions or upcoming events for Denver Mattress Co. LLC. If you do not want to receive such mailings or e-mails from Denver Mattress Co. LLC please click here. We do occasionally share name and address information with other catalog companies that offer similar products. In rare instances, Denver Mattress Co. LLC may share information with marketing partners with customer approval. We will not share any personal financial information. If you are on our catalog mailing list, or order from one of our catalogs, and would prefer not to have your name shared with other catalog companies, please click here and ask that your name not be shared.
Some products described or shown on this Site may not be displayed on every Denver Mattress Co. showroom floor, but are usually available from our Distribution Center. In the event of a shortage, we will honor the advertised price.
We have made every effort to display as accurately as possible the colors of our products that appear at the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BY YOUR USE OF THE SITE, YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE.
From time to time there may be information on this Site that contains typographical errors, inaccuracies, or omissions ("Inaccuracies") that may relate to product descriptions, pricing, financing, and availability. Denver Mattress Co. shall not in any way be responsible to you for any such Inaccuracies. For the most complete and accurate information, please directly contact the Denver Mattress Co. store nearest you. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.
Limitation of Liability
UNDER NO CIRCUMSTANCES, SHALL DENVER MATTRESS CO. OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS SITE. 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 TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF Denver Mattress Co. HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THIS SITE OR ANY CONTENT ON THE SITE, OR WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE. 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 OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF Denver Mattress Co. UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
You agree to defend, indemnify and hold Denver Mattress Co. harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site.
Unless otherwise specified, this Site and the Contents thereof are displayed solely for the purpose of promoting Denver Mattress Co.'s products. This Site is controlled and operated by Denver Mattress Co. from its offices in Denver, Colorado. This Agreement shall be construed in accordance with the laws of the State of Colorado, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts of the State of Colorado.
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