BLUE BELL MATTRESS COMPANY, LLC
TERMS & CONDITIONS
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.
- This Agreement (the “Agreement”) specifies the terms and conditions for access to and use of the Company’s website (the “Website”) and describes the terms and conditions applicable to your access to and use of the Website. This Agreement may be modified at any time by the Company upon posting of the modified Agreement. Any such modifications shall be effective immediately when we post them, and apply to all access to and use of the Website thereafter. You can view the most recent version of these terms at any time at www.naturaworld.com/us/termsandprivacy. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.
- Ownership. The Website, all content included on the Website and, the Website’s features and functionality are and shall continue to be the property of the Company or its licensors or other providers of such material and are protected under applicable copyright, patent, trademark, and other proprietary rights laws. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of any term or condition in this Agreement, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by this Agreement is a breach of this Agreement and may violate copyright, trademark, and other laws. Any copying, redistribution, use or publication by you of any such content or any part of the Website is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Website.
- Website Use. The Company grants you a limited, revocable, nonexclusive, non-sublicensable license to use this Website solely for your own personal use and not for commercial, republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use, provided that you comply with the terms and conditions of this Agreement. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
a. Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
b. You may store files that are automatically cached by your Web browser for display enhancement purposes;
c. You may print one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution; and
d. If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
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:
a. Modify copies of any materials from this Website;
b. Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; or
c. Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
- Intended Audience. This Website is intended for use by adults only, and is not intended for persons under the age of 18. The Company does not knowingly seek to collect information from children under the age of 13, if such information is discovered, it will be deleted.
- Certain trademarks, trade names, service marks and logos used or displayed on this Website are registered and unregistered trademarks, trade names and service marks of the Company or its affiliates. Other trademarks, trade names and service marks used or displayed on this Website are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on this Website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Website without the written permission of the Company or such other owner. You must not use such marks without the prior written permission of the Company.
- Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Website. You further agreed that information provided by you is truthful and accurate to the best of your knowledge. You agree not to use the Website:
a. in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
b. for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
c. to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation;
d. to impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses [or screen names] associated with any of the foregoing).
e. to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined solely by us, may harm the Company or users of the Website or expose them to liability;
f. in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
In addition, you agree not to:
a. use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
b. use any device, software, or routine that interferes with the proper working of the Website;
c. introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; or
d. attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
- Disclaimer. THE INFORMATION ON THIS SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THIS WEBSITE IS AT YOUR SOLE RISK. EXCEPT AS STATED HEREIN, THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE WEBSITE. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
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.
- Limitation of Liability. UNDER NO CIRCUMSTANCES WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES OR AGENTS BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE WEBSITE, YOUR WEBSITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE AND/OR CONTENT IS TO CEASE ALL OF YOUR WEBSITE USE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, FROM THE COMPANY IS IN ACCORDANCE WITH COMPANY’S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS WEBSITE.
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.
- Monitoring and Enforcement; Termination. We have the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website. We have the right to terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of this Agreement. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY OR ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY OR SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
- Reliance on Information. The information presented on or through the Websiteis made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
- Copyright. The design of this Website, including text, graphics, information, content, and other material displayed are protected by copyright, trademark and other laws and may not be used except as permitted in this Agreement without prior written permission by the Company. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations. If you believe that the Company has posted or displayed content on the Website in violation of your copyright or other intellectual property rights please notify the Company immediately.
- Applicable Law; Jurisdiction. You agree that the laws of the State of Delaware, United States of America, without regard to any conflicts of law provisions, will govern this Agreement and any dispute that may arise between you and the Company or its affiliates. You agree that any action seeking legal or equitable relief arising out of or relating to this Website will be brought only in the state and federal courts located in the State of Delaware. A printed version of this Agreement will be admissible in any judicial and/or administrative proceedings based upon, arising out of, or relating to this Agreement to the same extent and subject to the same conditions as other business records originally generated and kept in printed form.
- Serverability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
- Termination. The Company may terminate this Agreement at any time, with or without notice, for any reason.
- Additional Assistance. If you need additional information regarding this Agreement or if you have any questions or comments, we invite you to contact the Company.
- Copyright policy. It is the Company’s policy to terminate access to our Website by any user who repeatedly infringes the copyright rights of others upon receipt of prompt notification of such infringement to us by the copyright owner or the copyright owner’s legal agent. If you believe that your work is been hosted on our Website in a way that constitutes copyright infringement, please provide us with the following information:
(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
BLUE BELL MATTRESS COMPANY, LLC
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:
- personal information you knowingly choose to disclose, such as name, address, email address and telephone number
- and information that we automatically collect as you browse our Website.
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:
- REGISTRATION FORMS–if you register for the Website, or for specific events, contests and newsletters on various areas of the Website, we will generally ask you to provide contact information, and preferences regarding the event or material for which you desire to register. You may, however, visit our Website without registering.
- ORDER FORMS–Some areas of the Website may allow you to order products or services, whether or not for a fee. In connection with these transactions, we collect data necessary to complete the transaction and that is furnished by you. This may include contact information, date of birth, e-mail address, telephone number and your credit card number. We may also collect information about gift recipients so that we can fulfill the gift purchase.
- SURVEYS–At times, you may be asked to complete survey questions that appear on the Website.
- EMPLOYMENT APPLICATIONS–You may submit information related to job opportunities with the Company. Please note that your submission of pre-employment information may be further governed by specific provisions that may appear elsewhere on our Website.
- DISCUSSION FORUMS–We may make chat rooms, forums, message boards, and/or news groups available to our users. Please remember that any information that is disclosed in these areas becomes public information and you should exercise caution when deciding to disclose your personal information in these forums.
- E-MAIL–On several pages of our Website, you also have an opportunity to communicate with us by E-mail. You may also choose to provide your e-mail address to receive communications from us or third parties.
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:
- Personalize your site experience and to allow us to deliver the type of content and product information in which you are most interested.
- Consider your suggestions
- Possibly respond directly to you for clarification
- Process your request for materials if you make one
- Try to and answer your questions if you ask them
- Register you for an event, contest or sweepstakes, if you request it
- To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
- To notify you about changes to our Website or any products or services we offer or provide though it.
- In any other way we may describe when you provide the information.
- For any other purpose with your consent.
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 firstname.lastname@example.org 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.
- You can select to “opt out” or “unsubscribe” from our communications on the website or in our newsletter emails. Unsubscribing will stop you from receiving all types of communication except for emails on orders and transactions you place with the Company.
- You can send e-mail to email@example.com
- You can send mail to the following postal address:
Blue Bell Mattress Company, LLC
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:
- The categories of personal information the Company disclosed to third parties for the third parties’ direct marketing purposes during the preceding calendar year;
- The names and addresses of third parties that received such information; and
- If the nature of a third party’s business cannot be reasonably determined from the third party’s name, examples of the products or services marketed.
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 firstname.lastname@example.org.
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@example.com.