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Terms of Use

The following Terms of Use (“Terms”) governs the use of www.bannermattressonline.com (“Site”), including are features associated therewith as provided by Banner Mattress, Inc. (“Banner”). By using our Site, you signify that you have read, understand and agree to be legally bound by these Terms. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms at any time without further notice. Banner will provide notice of material changes to these Terms only by posting such changes on our Site and updating the “last revised” date set forth above.

If you do not agree to abide by these or any future Terms, your only recourse is to immediately cease use of the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms. We encourage you to review the Terms each time you visit our Site to see if it has been updated since your last visit.

User Conduct

You agree not to use the Site to:

  • defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
  • impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site;
  • upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
  • upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  • upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
  • upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • interfere with or disrupt the service or servers or networks connected to the service, or disobey any requirements, procedures, policies or regulations of networks connected to the service;
  • intentionally or unintentionally violate any applicable local, state, national or international law;
  • “stalk” or otherwise harass another;
  • collect or store personal data about other users.

Proprietary Rights

Copyrights. All content on the Site, including but not limited to design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement (“Content”), are either Copyright © 2015 Banner Mattress, Inc., or are the proprietary property of the affiliates, suppliers or licensors of Banner Mattress, Inc. All rights reserved.

The Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Banner’s prior written permission. Please note that this limited consent, if provided, is contingent upon your compliance with these Terms and may be revoked at any time and does not include consent to republish Content or to incorporate the information in any other database or compilation. Any other use of the Content is strictly prohibited.

Trademarks. All trademarks on the Site are either trademarks or registered trademarks of Banner or its affiliates, suppliers or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Banner. All page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of Banner or its affiliates, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Banner. Other trademarks, registered trademarks, product names, and company names or logos displayed on the Site are the property of their respective owners.

Copyright Complaints

Banner respects the intellectual property of others. If you believe your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material on the Site, please contact us at support@bannermattressonlinecom.

Disclaimer of Warranty

THE SITE AND THE CONTENT AVAILABLE THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT USE OF THIS SITE AND/OR ITS CONTENT IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BANNER AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT AND/OR DATA DOWNLOADED OR ACCESSED FROM OR THROUGH THE SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS, YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT AND/OR DATA.

BANNER ASSUMES NO RESPONSIBILITY OF ANY KIND FOR ANY DAMAGES SUFFERED BY A USER, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS, NONDELIVERIES OF CONTENT OR EMAIL, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OF CONTENT OR EMAIL, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF BANNER, ITS AFFILIATES, ITS LICENSORS, OR A USER'S OWN ERRORS AND/OR OMISSIONS EXCEPT AS SPECIFICALLY PROVIDED HEREIN.

ALTHOUGH BANNER WILL, IN MOST CIRCUMSTANCES, BE ABLE TO RECEIVE YOUR E-MAIL OR OTHER INFORMATION PROVIDED THROUGH THIS SITE, BANNER DOES NOT GUARANTEE THAT IT WILL RECEIVE ALL SUCH E-MAIL OR OTHER INFORMATION TIMELY AND ACCURATELY AND SHALL NOT BE LEGALLY OBLIGATED TO READ, ACT ON, OR RESPOND TO ANY SUCH E-MAIL OR OTHER INFORMATION. BE AWARE THAT INTERNET E-MAIL TYPICALLY IS NOT SECURE.