The Original Mattress Factory

TERMS OF USE

The Original Mattress Factory, Inc., or its affiliates (“OMF”) maintains and provides access to this website (the “Website”) subject to the following terms of use. These terms of use, together with OMF’s other policies, such as its privacy policy, posted on the Website and incorporated herein by reference constitute a legal agreement between you and OMF. By accessing or using any part of this Website, you acknowledge that you have read and accept these terms of use. If you do not accept these terms of use, you may not access or use any part of this Website.

Website Access and License

Subject to these terms of use, OMF grants you a limited, non-exclusive right and license to access the Website and its Content (as defined below) for your own personal, private, non-commercial use.

You are solely responsible for your access to and use of the Website. You may not download (other than page caching) or modify the Website or any portion of it except as intended for use with the Website, use the Website or any portion of it for any illegal or unauthorized purpose or in a manner that violates any laws in your jurisdiction, or create or modify another website so as to falsely imply that it is associated with this Website.

This license granted herein does not permit any resale or commercial use of the Website or any of its Content, any derivative use of the Website or any of its Content, or any use of data mining, robots, or similar data gathering and extraction tools. The Website and its Content may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of OMF. Any unauthorized use shall immediately terminate the license granted herein without notice.

No Warranties and Limitation of Liability

The Website is provided on an “as is” and “as available” basis only and OMF makes no representations or warranties of any kind, express or implied, as to the operation of the Website or the Content. Without limiting the foregoing, OMF DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. While OMF uses reasonable efforts to include accurate and up-to-date information on the Website, OMF makes no representations or warranties as to its accuracy and assumes no liability or responsibility for any errors or omissions in the Content, and OMF reserves the right to change, correct or update the Website and its Content at any time in its sole discretion.

OMF shall not be liable for any indirect, incidental, consequential, or punitive damages or for lost revenues or profits, whether or not OMF was advised of the possibility of such damages or losses and regardless of the theory of liability arising out of, in connection with, related to, or resulting from your use of or inability to use the Website, any Content, or any products advertised or mentioned on the Website.

You agree to indemnify, defend and hold harmless OMF and all of its officers, directors, shareholders, employees, agents and other representatives from and against any and all liability, loss or cost (including attorneys’ fees) arising out of, or related to your access to and use of the Website and any breach by you of these terms of use.

Ownership, Content, Third-Party Sites

The Website and all elements that comprise the Website, including all text, audio, video, graphics, HTML, multimedia, scripts, applets and all other content (collectively, “Content”) are owned and copyrighted or trademarked by OMF or licensed to OMF, with the exception of elements provided by partners, content providers, advertisers, and user contributors, as noted, that may also be protected by copyright or trademark or other rights. OMF’s trademarks and trade dress may not be used without OMF’s express written consent and may not be used in a manner that is likely to cause confusion among customers, or in any manner that disparages or discredits OMF.

You should not send confidential or protected information or creative materials to OMF via the Website that you do not want to become the exclusive property of OMF. Unless otherwise agreed by OMF in writing, any communication or material you transmit to OMF, including any data, questions, comments, notes, suggestions, or the like are, and will be treated as, non-confidential, non-proprietary and unprotected information. Anything you transmit to OMF shall be deemed to have been assigned to OMF, shall remain the exclusive property of OMF and may be used anywhere and in any medium, without compensation to you, by OMF or its affiliates, for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, licensing and posting. OMF shall be free to use, without compensation to you, any ideas, concepts, know-how, techniques or other intellectual property contained in any communication you send to OMF for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products using or based on such information.

The Website may contain links to other websites operated by third parties. OMF makes no representations or warranties regarding any websites, information or content that may be accessible through this Website that is not maintained, controlled or created by OMF. OMF does not endorse these sites and is not responsible for such websites, information and content.

Copyright Complaints

OMF respects copyright law and expects our readers/viewers to do the same. Unauthorized copying or distribution of content is an infringement of the copyright holder’s rights. OMF may elect to prosecute anyone who infringes upon its copyright, or other intellectual property rights. OMF will review all claims of copyright infringement received and remove content deemed to have been posted or distributed in violation of any such laws. To make a claim, please provide the following:

  • A physical or electronic signature of the copyright owner or the person authorized to act on its behalf;
  • A description of the copyrighted work claimed to have been infringed;
  • A description of the infringing material and information reasonably sufficient to permit OMF to locate the material;
  • Your contact information, including your address, telephone number, and email;
  • A statement by you 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; and
  • A statement that the information in the notification is accurate, and, under the pains and penalties of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner.

Please contact us at info@originalmattress.com or 216-661-8388 to make a claim or if you have any questions regarding a claim.

Site Policies, Modification, Other Terms

Please review our other policies. These policies also govern your visit to this Website. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

OMF may at any time revise these of use by updating this posting. You are and will be bound by such revisions and should therefore periodically visit this page to review the then-current of use to which you are bound. No waiver of these of use shall be valid unless signed in writing by an authorized representative of OMF.

By visiting this website, you agree that the laws of the state of Ohio, without regard to principles of conflict of laws, will govern these terms of use and any dispute of any sort that might arise between you and OMF. Any claim, lawsuit, or other action relating to or arising out of the Website, its use or these terms of use only shall be brought in a court of competent jurisdiction located in Cuyahoga County, Ohio.