Last Modified: May 15, 2017
Welcome to Blue Bell Mattress Company, LLC’s (the “Company” or “we” or “our”) website. This site is maintained as a service to our customers. By using this site, you are communicating with the Company electronically and agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this website.
You agree not to copy materials on the Website, reverse engineer or break into the Website, or use materials, products or services in violation of any law. The use of this Website is at the discretion of the Company and the Company may terminate your use of this Website at any time. Without limiting the generality of the foregoing, you must not:
In addition, you agree not to:
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
You represent and warrant that you own or control all rights in and to the User Communications and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our licensees, successors, and assigns. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Communications posted by you or any other user of the Website. The Company will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, or otherwise.
The Company reserves the right to remove any or all User Communications that includes any material the Company deems inappropriate. However, we do not undertake a review of all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(ii) a description of the copyrighted work that you claim has been infringed;
(iii) a description of where the material that you claim is infringing is located on our Website
(iv) your address, telephone number, and email address;
(v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our contact for notices of claimed copyright infringement may be reached as follows:
Brown Rudnick LLP
One Financial Center
Boston, MA 02111
Attn: Mary D. Bucci
Email: [email protected]
Last Modified: May 15, 2017
WHAT PERSONAL INFORMATION DO WE GATHER FROM THOSE WHO VISIT OUR SITE?
When you visit our Website, you may provide us with two types of information:
Information You Voluntarily Submit. We collect and store any information you enter on our Website, or provide to us in offline contacts we have with you. Information is collected from visitors to the Website in the following areas:
Information Collected and Stored Automatically. When you browse our Website, you and your Web browser may also transmit information that we automatically collect. We do log your IP address (the Internet address of your computer), the Web pages you visit and the time of your visit, and other click-stream data. This information may be combined with other personal information you have provided. We also automatically collect other technical information that is provided by your browser, such as the type of computer, operating system and browser you are using. We use this information to improve the performance of our site.
We may also place small data files, called “cookies,” in the browser file of your computer’s hard drive. These cookies automatically identify your browser to our server whenever you interact with the Website. We use the cookies to record Website statistics. Most browsers automatically accept the cookies, but you usually can change your browser setting to prevent the acceptance of cookies. Certain Website pages may not function properly if you choose not to accept cookies.
HOW WE USE YOUR PERSONAL INFORMATION
We use your personal information to communicate with you if and when necessary in connection with your use of our Website, to respond to your questions, or to send you material and information you request. We may use your information to:
We may also use your Website information in order to help diagnose problems with our site. We may use all information we collect to analyze statistical use patterns and demographic data (such as where our visitors come from and what demographic characteristics they have) and to improve our site to better serve our customers. We use your IP address to help diagnose problems with our servers, and to administer our Website. Your IP address is used to help identify you and your shopping cart and to gather broad demographic information. We may also prepare and keep statistical records and other data about you and other users of our site, but we do that in a way that does not identify you or any other user personally. We may hire third parties to help us collect and analyze such data, and we may share such statistical data with third parties. Again, such statistical data will not specifically identify you or any other user. We use this information to help us make our Website more useful to visitors–to learn about the number of visitors to our Website, what part of the Website they are interested in, how long the use the Website, and the types of technology our visitors use.
DISCLOSING YOUR PERSONAL INFORMATION TO OTHERS
Except in the limited circumstances stated in this paragraph, we do not sell, rent, license, trade or otherwise disclose the personal information of our Website visitors to unaffiliated third parties. We may disclose your information to service providers who assist us in operating the Website or conducting our business. We may also share such information among our subsidiaries and affiliates as necessary to provide you with the information and services you request or in which you may otherwise be interested. We may disclose information about you if and when we believe it is necessary to comply with any law, rule, court order, or subpoena, or to enforce our legal rights or the rules of this Website, or to protect our business, property and operations, or in connection with a sale, acquisition, merger or other business combination of our business with another business. We may also disclose nonpersonally identifiable visitor information to other parties for marketing, advertising or other uses.
Some areas of the Website allow you to conduct e-commerce transactions (orders, purchases, etc.). In connection with these transactions, we collect data necessary to complete the transaction that is furnished by you. This information may be furnished to a third party in order to facilitate the transaction.
LINKS TO OTHER SITES
We have put in place physical, electronic, and managerial procedures to attempt to safeguard and help prevent unauthorized access, maintain data security, and correctly use the information we collect online. However, please remember that no transmission of data over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, we cannot ensure or warrant the security of any information that you transmit to us or from us, and you do so at your own risk. When you place an order or access your personal information, we offer the use of a secure server. Once we receive your transmission, we use our best efforts to ensure its security on our systems.
CHILDREN UNDER THE AGE OF 13
Our Website is not intended for children under 13 years of age. No one under age 13 may provide any personal information to or on the Website. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Website or on or through any of its features/register on the Website, make any purchases through the Website, use any of the interactive or public comment features of this Website or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use.
CORRECTING YOUR INFORMATION
You may send us an email at [email protected] to request access to, correct or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
Our site provides users the opportunity to opt-out of receiving communications from us at the point where we request information about the visitor. You have the following options for reviewing or removing your information from our database to no longer receive communication from us. If you request your account information be deleted from our database, we may maintain information about individual sales transactions for recordkeeping and servicing.
24 Thompson Road
East Windsor, CT 06088
Please note that due to e-mail production schedules, you may receive an e-mail message from us after you have provided your opt-out notice.
YOUR CALIFORNIA PRIVACY RIGHTS
California Privacy Rights – Direct Marketing
If you are a California resident and a customer of the Company, you have the right to request information from the Company regarding the manner in which the Company shares certain categories of your personal information with third parties, for the third parties’ direct marketing purposes. California Civil Code § 1798.83 provides you with the right to submit a request to the Company at its designated address and receive the following information:
You are entitled to receive a copy of this information in a standardized format and the information will not be specific to you individually. The Company’s designated email address for such a request is [email protected].
California Privacy Rights – California Minors
Certain areas of our Website may contain interactive features that allow registered users to post content or information on or to our Website (the “Interactive Services”). If any of our Interactive Services are either: (1) directed toward California residents under the age of eighteen (18); or (2) if the Company has actual knowledge that a registered user of the Interactive Services is a California resident under the age of eighteen (18), the Company will permit such registered user to remove (if applicable) or request that the Company remove or anonymize such content or information as posted by the registered user, to the extent required by California Business and Professions Code § 22581.
If you are under the age of eighteen (18) and would like to request the removal or anonymization of content or information you have posted on or to our Website, please send your request to [email protected].