Welcome to Our website, mattressworldok.com (the “Site”) operated by Mattress World Tulsa Inc. (the “Company”), and the terms “We”, “Us”, and “Our” used in the Policy refer, collectively, to the Company and its affiliates, divisions, successors and assigns and their respective employees, mandataries and agents (collectively, the “Company Affiliates”).
Thank You (any visitor to Our website) for your interest in Our products and services. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. Your use of this website in any manner including placing orders constitutes your acknowledgement that you have read the Terms and Conditions and that you agree to follow and be bound by them.
Account Name and Password
For certain activities on this website, you may be required to have an account name and password. It is your responsibility to keep your account information and password secure and You hereby agree that We are not liable for any loss or damage arising from Your failure to keep Your password secure. You must not disclose your password to anyone. You agree to notify Us immediately of any unauthorized use of your account or any breach of security.
You will be responsible for any and all sales or use taxes. The sales tax calculator on the website is simply an estimate. Your correct sales tax will be calculated and delivered to you at the time of product delivery, if applicable.
Refunds will be processed in accordance with the policies of Our store. For a copy of Our store’s policies, please email [email protected].
We give You all opportunities to save on your purchase. We offer manufacturer rebates as well as rebates from Our buying groups. Most rebates and coupon offers are subject to the rebate sponsor’s and processor’s own terms and conditions. Please email Us at [email protected] if You have any questions about Our rebates.
Product or Pricing Inaccuracies
While We take every measure to ensure that all products and pricing on Our website are correct, mistakes do occur. Please notify Us at [email protected] if you spot a mistake. Product prices and availability, as well as Our services, are subject to change at any time. Despite Our best efforts, We will occasionally make mistakes. As soon as We become aware of a mistake, We will make every effort to correct it as quickly as possible. We reserve the right to terminate any offer and/or fix any error at any time, even after an order has been submitted and even after Your payment method has been charged. Any pricing disputes will be settled at Our sole and absolute discretion.
Copyrights and Trademarks
Material on the website, including but not limited to texts, images, illustrations, articles, photographs, software, audio clips and video clips, is owned or otherwise provided by the Company, and the Company does not represent or warrant that such material does not infringe the rights of any other person or entity. The Company is the owner of the copyright in the entire website and, consequently, the material on the website may not be copied, reproduced, republished, downloaded, posted, transmitted, distributed or modified, in whole or in part in any form whatsoever, including but not limited to text, audio or video, without the prior written consent of the Company. Trademarks, logos and service marks (collectively, the “Marks”) displayed on the website are registered or unregistered Marks of the Company or others, are the property of their respective owners, and may not be used without written permission of the owner of such Marks. Nothing in the website is to be interpreted as conferring a right to use the Marks or the material protected by the Copyright Act.
Notwithstanding the foregoing, the Company authorizes you to make one electronic or paper copy of the information posted on any page of the website provided that the copy is used solely for noncommercial, personal purposes and, in each and every case, provided that any such copy remains protected by all copyright, trademarks, service marks and other proprietary notices and legends contained on any such page of the website. This license does not include any resale of the website or its contents; any collection of product listings, descriptions or prices; any other derivative use of the website or its contents; any downloading or copying of information for the benefit of any merchant; or any use of data mining, robots, or similar data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any page on the website or any trademark, logo or other proprietary information (including images, text, page layout, or form) of the Company without express written consent of the Company. You may not use any meta tags or any other “hidden text” utilizing the Company’s name or trademarks without the express written consent of the Company. Any unauthorized use of the website and/or its contents terminates the permission or license granted by the Company.
Except as otherwise may be expressly provided herein, nothing contained in the Terms shall be construed as conferring by implication, estoppel or otherwise any license or right under any copyright, patent, trademark or other intellectual property right of the Company or any other person or entity.
Exclusion and Disclaimer of Warranties
THE COMPANY MAKES NO REPRESENTATION OR WARRANTY REGARDING THE FUNCTIONALITY, THE GOOD WORKING ORDER OR CONDITION OF THE WEBSITE, ITS SUITABILITY FOR USE, OR THAT ITS USE, OR ANY INFORMATION OR MATERIAL, INCLUDING ANY DOWNLOADABLE SOFTWARE, ACCESSED FROM OR THROUGH THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. THE COMPANY DOES NOT REPRESENT, WARRANT OR UNDERTAKE THAT ANY ERRORS ON OR RELATING TO THE WEBSITE WILL BE CORRECTED, OR THAT ANY SERVER FROM WHICH THE WEBSITE IS OPERATED IS OR WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
EXCEPT AS EXPRESSLY PROVIDED FOR IN THE TERMS, THE WEBSITE AND ALL MATERIALS, PRODUCTS AND INFORMATION PROVIDED THROUGH OR ON THE WEBSITE ARE PROVIDED TO YOU ON AN “AS IS”, “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND THE COMPANY DOES NOT MAKE OR GIVE ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION AS TO (i) UNINTERRUPTED OR ERROR-FREE TRANSACTIONS, PRIVACY, OR SECURITY, (ii) ACCURACY, ADEQUACY OR COMPLETENESS OF THE WEBSITE AND THE CONTENT THEREOF, THE INFORMATION, MATERIALS AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE WEBSITE, ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITE OR ANY LINKED WEBSITE; OR (iii) MERCHANTABILITY, QUALITY, TITLE, DURABILITY, SUITABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSES, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE. THESE EXCLUSIONS ARE IN ADDITION TO ANY SPECIFIC EXCLUSION OTHERWISE PROVIDED IN THE TERMS.
PRODUCT INFORMATION AND DESCRIPTIONS – WE MADE EVERY ATTEMPT TO BE AS ACCURATE AS POSSIBLE. WE DO NOT WARRANT THAT THIS WEBSITE’S PRODUCT DESCRIPTIONS, SPECIFICATIONS, OR OTHER CONTENT ARE ERROR-FREE, ACCURATE, COMPLETE, RELIABLE, OR CURRENT. IF A PRODUCT WE OFFERED OR SOLD IS NOT AS DESCRIBED, YOUR SOLE REMEDY IS TO RETURN IT UNUSED IN ACCORDANCE WITH OUR RETURN POLICY.
We and Our providers will never be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to the website or this agreement including but not limited to loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by Us or any person for whom We are responsible, and even if We have been advised of the possibility of such loss or damage being incurred.
To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold Us harmless, as well as holding harmless Our parents, affiliates and related companies, and each of their respective directors, officers, employees, agents and representatives from and against all claims, liability, losses, damages, expenses, and costs, arising out of: (i) your use of the Website; (ii) any activity related to your account by you or any other person; (iii) any material that you submit to, post on or transmit through the Website; (iv) your infringement or violation of any rights of another; or (v) your breach or alleged breach of these Terms and Conditions.
Neither party is responsible for any delays or nonperformance of this Agreement caused by strikes, fires, or accidents, nor for any delay or nonperformance caused by a shortage of materials, fuel, or utilities, or any other reason beyond its control.
You may not assign your rights or obligations herein without the express written consent of the Company.
Intended For Users that are Residents of North America and are Over 18
Individuals who are residents of North America, 18 years of age or older, and who may establish legally enforceable contracts under relevant law are eligible to utilize Our services. You represent and warrant that you are at least 18 years old, that you live in North America, and that any registration information you provide is correct and true. You agree to abide by all applicable local laws governing online behavior and content.
If a dispute arises, you agree to first contact Us at [email protected] to try to resolve it before taking any other action. You will be in breach of this Agreement if you do not contact Us first to try to resolve a dispute before taking any further action. We shall evaluate any resolution to Your dispute in good faith, and You agree to follow Our decision. It will be Your obligation to pay Our legal fees if You seek a solution in a court of law. Furthermore, in the event of any controversy or claim arising out of this Agreement, you voluntarily waive any right to a jury trial.
Governing Law; Jurisdiction
These terms will be governed by, and construed in accordance with, the applicable laws of the State of Oklahoma, USA, without granting effect to the principles of that state in terms of conflicts of laws. Both parties irrevocably agree that any legal action, suit or proceeding, as a result of or related to these terms must be brought exclusively in, and will be subject to, the service procedure and other applicable rules of the State or Federal court in Tulsa, Oklahoma, USA.
If any one of these conditions shall be deemed invalid, void, or for any reason unenforceable, such condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
The headings used herein are inserted for convenience of reference only and do not affect the construction or interpretation of the Terms herein.
The Company reserves the right, at its sole discretion, to terminate your access to all or any part of the website, with or without notice.
Change to Terms of Service
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at Our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to Our website. It is your responsibility to check Our website periodically for changes. Your continued use of or access to Our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.