The Best Online Mattress Offers

Last Updated: October 23, 2017

1. Introduction.Thank you for visiting OnlineMattressCompare.com (“Website”), which is operated by OnlineMattressCompare. Throughout this Website, the terms “we,” “us” and “our” refer to OnlineMattressCompare, which offers this Website to you conditioned upon your acceptance of all terms, conditions, policies and notices stated herein.
2. Agreement. Because this page contains legal obligations, including, but not limited to limitations on liability, arbitration provisions and a class action waiver, please read these Terms and Conditions carefully. By accessing, viewing or using any of our services, (i) you acknowledge that you have read, understand and agree to be bound by and subject to these Terms and Conditions and Privacy Policy (collectively “Terms of Use”), unless separate terms are offered by you in writing and accepted by OnlineMattressCompare, and (ii) you represent and warrant that you are of legal age and not prohibited by law from accessing or using the goods and services offered herein. If you do not agree to all the Terms of Use of this agreement, then you may not access this Website or use any of its services.

3. Modification. We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting revised terms on this Website. The date on which these Terms and Conditions have been last updated will be noted immediately above this page and the revised Terms and Conditions will take effect seven (7) days after their publication on this Website. In the event we make material changes to the Terms and Conditions, we will attempt to notify you via email at the address we have on file. Your continued use of this Website after any such changes have been made constitutes acceptance of those changes.
4. License. This agreement provides you with a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to use this Website solely for your personal use or your internal business purposes. You may not (i) use, copy, store, reproduce, transmit, distribute, rent, lease, sell, transfer, license, sublicense, or commercially exploit this Website in any manner not expressly permitted by this agreement; (ii) modify, alter, decompile, dissemble, reverse engineer, translate, or make derivative work of this Website; (iii) interfere, access, link to, use any source code contained in this Website; or (iv) erase or remove any proprietary or intellectual property notice contained in this Website and other services provided by OnlineMattressCompare. 

5. Site Use. By accessing and using this Website, you acknowledge and agree that it is your sole responsibility to (i) maintain your compliance with the Terms and Conditions of this agreement; (ii) be responsible for and to abide by all applicable local, state, and federal laws, regulations, policies, and guidelines with respect to your use of this Website; and (iii) assume all responsibility for your use, and the results of your use, of this Website, including meeting any of your contractual requirements with third parties and other persons.

6. Copyrights and Trademark. All content within this Website, including without limitation all software, graphics, text, design, images, illustrations, databases, user interfaces, visual interfaces, audio, design, structure, arrangement, products and information (collectively, “Content”) of this Website are owned, controlled, and licensed by OnlineMattressCompare and/or its licensors. Any rights granted in this agreement are expressly licensed and revocable at any time in the sole and absolute discretion of OnlineMattressCompare. You shall not, nor will you allow any third party to reproduce, modify, display, perform, publish, distribute, disseminate, create derivative work from, broadcast or circulate to any third party, or otherwise use, any Content without the express prior written consent of OnlineMattressCompare. OnlineMattressCompare and all other names, logos and icons identifying OnlineMattressCompare and its products and services are proprietary trademarks of OnlineMattressCompare and/or its affiliates, and any use of such trademarks without the express written permission of OnlineMattressCompare is strictly prohibited.

7. Privacy. We respect your privacy and use commercially reasonable efforts to safeguard your personally identifiable information. For additional information regarding OnlineMattressCompare’s collection and use of your personally identifiable information in connection with your use of this Website, please see our Privacy Policy.

8. Representations and Warranties. You represent and warrant to OnlineMattressCompare that (i) you are at least 18 years of age; (ii) you are authorized to enter into this agreement; (iii) you will not use this Website or the Contents herein for any purpose or manner that violates any laws, regulation or that infringes the rights of OnlineMattressCompare or any third party; (iv) any information or data you provide to OnlineMattressCompare will not violate any law, regulation or infringe the rights of OnlineMattressCompare or any third party; (v) all information that you provide to OnlineMattressCompare in connection with this Website (e.g. name, e-mail address, phone number and/or other information) is true and accurate; and (vi) you are authorized and able to fulfill and perform the obligations and meet the conditions of a user as specified herein.

9. Warranty Disclaimers. ONLINEMATTRESSCOMPARE DOES NOT WARRANT, GUARANTEE OR MAKE REPRESENTATIONS REGARDING YOUR USE, OR THE ULTIMATE OUTCOME OF YOUR USE OF THIS WEBSITE, IN TERMS OF AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, INTENDED PURPOSE, QUALITY, FUNCTIONALITY, OR OTHERWISE. THIS WEBSITE AND MATERIALS CONTAINED HEREIN ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTIBILITY, TITLE, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTY OUT OF COURSE OF DEALING, USAGE OR TRADE.

10. Limitation of Liability. YOU AGREE THAT ONLINEMATTRESSCOMPARE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, LOSS OF DATA, LOSS OF SECURITY ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR USE OF THIS WEBSITE, OR OF INFORMATION OR MATERIALS AVAILABLE THROUGH THE WEBSITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ONLINEMATTRESSCOMPARE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IN PARTICULAR AND WITHOUT LIMITATION, TOTAL LIABILITY OF ONLINEMATTRESSCOMPARE FOR ANY REASON WHATSOEVER RELATED TO YOUR USE OF THIS WEBSITE, RESULTS FROM USE OF THIS WEBSITE, OR FOR ANY CLAIMS RELATING TO THIS AGREEMENT SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00 USD). THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, OUR LIABILITY IN SUCH JURISDICTION SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

11. Indemnification. You agree to defend, indemnify, discharge, release and hold harmless OnlineMattressCompare and its officers, directors, shareholders, employees, agents, representatives, affiliates, third party information providers, licensors, contractors and others involved in the delivery of products, services or information through this Website, arising from, in connection with or relating to (i) any breach or violation of this agreement by you; (ii) your failure to provide accurate, complete and current personally identifiable information requested or required by us; (iii) your access or use of our services; (iv) your transmissions, submissions or postings; and/or (v) any personal injury or property damage caused by you. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees and litigation expenses of the Indemnified Parties in connection therewith.

12. DMCA Notice. Pursuant to the Digital Millennium Copyright Act (DMCA) Safe Harbor 17 U.S.C. § 512(c), if you believe that anything on this Website or service offered herein infringes any copyright that you own or control, you may file notice of such infringement, in compliance with the requirements of 17 U.S.C. 512(c)(3), with our designated agent at Sincerely, LLC. 7050 West Palmetto Park Road #15-345 Boca Raton, FL 33433 or info@OnlineMattressCompare.com. A copy of this legal notice may be sent to a third-party that may publish and/or annotate it. As such, your letter, with your personal information redacted, may be forwarded to the Chilling Effects Clearinghouse for publication.

13. Foreign Users. OnlineMattressCompare makes no representation that materials in this Website are appropriate or available for use in other locations. If you access this Website from outside the United States, please understand that this Website may contain references and/or links to products and services that are not available or are prohibited in your jurisdiction. Any user who is a resident of a foreign country agrees that (i) they have voluntary sought and established contact with OnlineMattressCompare; (ii) they will not use, transmit, disseminate or upload any material, content, that would violate any applicable local, state or national laws or regulations of the foreign member’s country of resident; (iii) under no circumstance shall OnlineMattressCompare be deemed liable under any laws other than the United States; (iv) his or her participation is governed by United States law and subject to the arbitration and venue provisions stated herein; and (v) consent to having their data processed in the United States.
14. Governing Law. This agreement will be construed, enforced and governed in accordance with the laws of the State of California (but excluding Section 1283.1 of the California Code of Civil Procedure), without regard to any conflict of law principles. The state or federal courts in Los Angeles County, California will have exclusive jurisdiction and venue over all controversies in connection with this agreement, and you hereby consent to such exclusive and personal jurisdiction and venue. Any claim you may have against OnlineMattressCompare must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. You agree to waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to this Agreement and that each party has the right to seek attorneys’ fees in any proceeding.
15. Binding Arbitration. The parties agree to submit any dispute arising out of or in any way relating to this Site to binding arbitration conducted by a single arbitrator under the Commercial Rules of the American Arbitration Association (“AAA”) in Los Angeles, California, rather than a proceeding in a court of law. Any such arbitrator shall be knowledgeable in the subject area in which the dispute arises. All discovery shall be completed within sixty (60) days following the appointment of the arbitrator. Each party shall be entitled to representation by counsel, to appear and present written and oral evidence and argument and to cross-examine witnesses presented by the other party, provided that, where appropriate, the arbitrator may receive testimony via telephone, video or other electronic means of communication. The arbitration aware shall be in writing and the arbitrator shall provide written reasons for the award. The award of the arbitrator shall be final and binding on the parties hereto and may be enforced in any court of competent jurisdiction. The prevailing party in any action or proceeding to enforce its rights hereunder shall be entitled to recover reasonable attorneys’ fees and other reasonable costs, including fees of the arbitrator and the AAA, incurred in the action or proceedings. In no event shall the arbiter award punitive or exemplary damages. The parties waive any right they may have to an appeal of the arbitrator’s decision and/or award. Each party retains the right to seek judicial assistance: (i) to compel arbitration, (ii) to obtain interim measures of protection prior to or pending arbitration, (iii) to seek injunctive relief in the courts of any jurisdiction as may be necessary and appropriate to protect the unauthorized disclosure of its proprietary or confidential information; (iv) for any claims of infringement or misappropriation of OnlineMattressCompare’s patent, copyright, trademark, or trade secrets; and (v) to enforce any decision of the arbitrator, including the final award. If any AAA rule conflicts with these Terms and Conditions, these Terms and Conditions shall control. By agreeing to arbitration, you agree that the parties are each waiving the right to file a lawsuit and the right to a trial by jury in any action in any way arising out of or related to this agreement. Notwithstanding anything to the contrary, any party to the arbitration may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.
16. Notice of Claim. For all disputes you may have, whether pursued in court or arbitration, you must first give OnlineMattressCompare an opportunity to resolve the dispute by providing written notification to info@OnlineMattressCompare.com and via postal mail to Sincerely, LLC. 7050 West Palmetto Park Road #15-345 Boca Raton, FL 33433 stating (i) your name, (ii) your address, (iii) a written description of your claim, and (iv) a description of the specific relief you seek. If OnlineMattressCompare does not resolve the dispute within 30 days after it receives your notification, you may pursue your dispute as set forth above.

17. No Class Actions. To the extent allowed by law, you and OnlineMattressCompare each agree to waive any right to pursue disputes on a consolidated or class-wide basis; that is, to either join a claim with the claim of any other person or entity, or assert a claim in a representative capacity on behalf of anyone else in any lawsuit, arbitration, or other proceeding. You hereby understand that by agreeing to this class action waiver, you may only bring claims against OnlineMattressCompare in an individual capacity and not as a plaintiff or class member in any purported class action or representative proceeding.

18. Severability. If any provision of this Agreement shall be adjudged by any court or arbitrator of competent jurisdiction to be unenforceable or invalid, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that provision of this Agreement that is unlawful, void or unenforceable shall be limited or eliminated from this Agreement. The remaining provisions of this Agreement will otherwise remain in full force and effect.
19. Relationship of the Parties. The relationship between you and OnlineMattressCompare is and shall be that of independent contractors and nothing in this Agreement shall be construed or used to create or imply any relationship of partners, joint venturers, or employer and employee, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions. You may not assign or otherwise transfer this Agreement or the license granted hereunder or delegate any of your duties specified herein, in whole or in part, without OnlineMattressCompare’s prior written consent. Any attempt of assignment, delegation, or transfer in violation of this Agreement shall be void, of no effect, and a material breach of this Agreement. Notwithstanding the foregoing, OnlineMattressCompare may assign this Agreement in whole or in part. Moreover, OnlineMattressCompare may delegate its rights and responsibilities or use contractors or agents to fulfill its obligations under this Agreement.

20. Termination. OnlineMattressCompare reserves the right at any time and on reasonable grounds, which shall include, without limitation, any reasonable belief of fraud, illegal activity, or actions or omissions that violate any term or condition of this Agreement, to terminate this Agreement with you in order to protect its name, business, or goodwill and/or any other user. You acknowledge and agree that OnlineMattressCompare shall have the sole right to determine in its reasonable discretion whether you are engaging in any unauthorized activity and/or violating any term or conditions of this Agreement.
21. California Consumer Notice. Under California Civil Code Section 1789.3, California website users are entitled to know that they may file grievances and complaints with the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 400 R Street, Suite 1080, Sacramento, CA 95814, by telephone at (916) 445-1254 or (800) 952-5210, or by email at dca@dca.ca.gov.
22. Entire Agreement. This agreement and OnlineMattressCompare’s Privacy Policy, which is hereby incorporated by reference as if set forth fully herein, represent the entire agreement between you and OnlineMattressCompare with respect to subject matter herein, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and OnlineMattressCompare with respect to the Website.
23. Miscellaneous. The headings contained in this Agreement are for convenience of reference only, are not to be considered a part of this Agreement, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement. If you have questions, comments, concerns or feedback regarding this Agreement or our Services, please contact us at info@OnlineMattressCompare.com.

Last Updated: October 16, 2017

1. Introduction. We at OnlineMattressCompare (“We,” “Us” or “OnlineMattressCompare”) respect your privacy and are dedicated to protecting your personal information through our compliance procedures entailed in this Privacy Policy (“Policy”). Please study the following information carefully as it details the type of information we may collect from you or that you may provide to us when you visit OnlineMattressCompare (“Website”), and our practices for collecting, using, maintaining, protecting, and disclosing such information.

If you do not agree with our Policy and practices regarding how we handle your personal information, you should not use our Website. Accessing or using this Website signifies and confirms your acceptance of the terms set forth in this Policy. This Policy may change from time to time in our sole discretion. Accordingly, you should visit this Website and review the Policy periodically to determine if any changes have been made. The date on which this Policy was last updated will be noted immediately above this Policy.

2. Information We Collect. In the course of using this Website, we may collect personal information and data to present you with more fitting mattress products and to assist you to search for and locate more satisfactory opportunities in mattresses or other offerings that you seek. Any collection of personal information or data through this Website is performed with your consent.


   
   Personally Identifiable Information. We do not collect Personally Identifiable Information (“PII”) that can identify you such as your first and last name, physical address, telephone number, cellular number, social security number, email address, date of birth, driver’s license number, state of residency and information pertaining to your bank account, etc. Instead, we merely link you out to a third party website where you may be required to enter such information if you seek their services and/or products.

   
   Non-Personally Identifiable Information. We collect information automatically as you navigate through this Website. We use log files and cookies to collect Non-Personally Identifiable Information (“Non-PII”) including, but not limited to, the IP address of the computer or mobile device making the request, browser type and the times you access this Website and usage details. Please note that IP addresses are not usually associated with your personal computer, but with a portal through which you accessed the Internet. Consequently, IP addresses are not linked to personally identifiable information.
   
   
Cookies. As you navigate through and interact with this Website, we may use automatic data collection technologies (“Cookies”) to collect certain information, including but not limited to, information about your equipment, browsing actions and patterns, operating system, internet connection and location data. The information we collect automatically may include personal information, and we may maintain it or compound it with personal information we collect in other ways or receive from third parties. Cookies help us improve this Website so we are able to deliver a better and more personalized experience by reducing unwanted information that you might otherwise receive.

3. How We Use Your Information. We may use Non-PII to better understand your preferences on an aggregate basis, for fraud prevention, and to determine what aspects of this Website are more responsive to you in order to deliver a better and more personalized experience.

4. Disclosing Your Information. We may share your non-PII with other parties on an aggregate basis for marketing, advertising or other uses.

5. Third Party Links. This Website may contain links to third party websites, which may have independent privacy policies that differ from our own. We are not responsible, nor do we endorse, any of the activities and practices that take place on third party websites. Accordingly, we recommend that you review the privacy policy posted on any third party website thoroughly before disclosing any personal information.

6. Data Retention and Security. By accessing and navigating through this Website, you hereby acknowledge and agree that OnlineMattressCompare may retain your information indefinitely. Please note that any transmission of personal information is at your own risk.
   
   Commitment to Online Security. We use reasonable efforts to protect the security of your non-PII and other information collected through our automatic data collection technologies. Although we strive to provide reasonable security measures for your personal information that we process and maintain, we cannot guarantee the security of your personal information transmitted to and through this Website.
   
   

No Liability for Acts of Third Parties. We will exercise all reasonable efforts to safeguard the confidentiality of your personal information. However, transmissions protected by industry standard security technology and implemented by human beings cannot be made absolutely secure. Consequently, we shall not be liable for unauthorized disclosure of personal information due to no fault of OnlineMattressCompare including, but not limited to, errors in transmission and unauthorized acts of third parties.

7. Modifications or Amendments. From time to time, we may change this Policy to accommodate new technologies, industry practices, regulatory requirements or for other purposes. We will provide notice to you if these changes are material on this Website, and where required by applicable law, we will obtain your consent. For your information, the date this Policy was last updated is listed at the top of this page. Your continued use of this Website after any such changes have been made signifies and confirms your acceptance of any changes or amendments to this Policy.

8. Children Under the Age of 18. This Website is not intended for children under eighteen (18) years of age. No one under 18 years of age may access or provide any information on this Website. We do not knowingly collect personal information from children under 18 years of age.

9. California Disclosures. California Law requires us to provide certain disclosures to users of this Website.
   
   Shine the Light Disclosure. Civil Code Section 1798.83 permits California residents that use this Website to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact us at info@OnlineMattressCompare.com. Please note that this section does not prohibit disclosure made for non-marketing purposes.
   
   Do Not Track Disclosures. Business and Professions Code Section 22575(b) requires websites to disclose their practices with respect to the use of tracking technology made by third parties and whether this Website honors web browser do-not-track signals. No third parties are able to collect personally identifiable information you provide on this Website. At this time, OnlineMattressCompare does not respond to do-not-track browser settings or signals.

10. Contact Us. If you have any questions or comments regarding this Policy or our practices, please reach out to us at info@OnlineMattressCompare.com.