Terms of Use
1. Acceptance of Terms
Welcome to the web site of Serta, Inc. and its affiliates, subsidiaries and divisions (collectively, “Serta”). This web site and other Serta web sites (collectively, the “Web Site”) provide general information about Serta and its products and services free of charge to users in the Unites States. Serta provides its services to you subject to the following terms of use ("Terms of Use").
Please read these Terms of Use carefully before accessing or using any part of this Web Site. By accessing this Web Site and/or clicking on the “yes” button at the bottom of this page, you are agreeing to comply with and be bound by these Terms of Use, as amended from time to time, as well as the Serta Privacy Policy which is hereby incorporated into these Terms of Use. If you do not wish to agree to these Terms of Use, do not access or use any part of this Web Site. We may refuse any or all of our services to anyone at any time, in our sole discretion.
Serta may revise and update these Terms of Use at any time without notice by posting the amended terms to this Web Site. Your continued use of the Web Site means that you accept and agree to the revised Terms of Use. If you disagree with the Terms of Use (as amended from time to time) or are dissatisfied with this Web Site, your sole and exclusive remedy is to discontinue using this Web Site.
2. Products and Services
Through the Web Site you may be able to select and purchase certain products. When you have completed and paid for an order, Serta will produce or procure the Serta products you have selected and send them to the shipping address specified by you. Any pricing for Serta products will be stated in U.S. dollars and set forth on the applicable page of the Web Site, and is incorporated into these Terms of Use by reference. Please note that any prices or fees may change from time to time; any price charge to you will be the price set forth on the Web Site at the time you place an order. Any purchases from the Serta Web Site are governed by the Terms and Conditions of Sale, which are hereby incorporated into these Terms of Use.
3. Use of the Web Site
You agree to use the Serta Web Site only for lawful purposes.
(a) By way of example only, and not as a limitation, you specifically agree not to do any of the following: (1) communicate to Serta or upload to or transmit on the Serta Web Site any defamatory, indecent, obscene, harassing, violent or otherwise objectionable material, or any material that is, or may be, protected by copyright, without permission from the copyright owner; (2) use the Serta Web Site to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction; (3) intercept or attempt to intercept electronic mail not intended for you; (4) misrepresent an affiliation with any person or organization; (5) upload to or transmit on the Serta Web Site any advertisements or solicitations of business; (6) restrict or inhibit use of the Serta Web Site by others; (7) upload or otherwise transmit files that contain a virus or corrupted data; (8) collect information about others (including e-mail addresses) without their consent; (9) download a file or software or include in a message any software, files or links that you know, or have reason to believe, cannot be distributed legally over the Serta Web Site or that you have a contractual obligation to keep confidential (notwithstanding its availability on the Serta Web Site); (10) post “spam,” transmit chain letters or engage in other similar activities; (11) use any robot, spider, other automatic device, or manual process to monitor or copy Web Site pages or the content contained thereon or for any other unauthorized purpose; (12) use automating, scripting, scraping of data or otherwise take data from the Web Site in an automated fashion to re-use or display in any way; (13) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Serta Web Site, or which, as determined by Serta, may harm Serta or users of the Serta Web Site or expose them to liability; or (14) intentionally or unintentionally violate any applicable local, state, national or international law or any regulation having the force of law. You also agree not to “frame” or “mirror” any Web Site content or third-party content contained on or accessible from the Web Site on any other server or Internet-based device without the advance written authorization of Serta or its licensors or licensees, respectively.
(b) Any content and/or opinions uploaded, expressed or submitted to a message board, chatroom or any other publicly available section of the Serta Web Site (including password-protected areas), and all articles and responses to questions, other than the content provided by Serta, are solely the opinions and responsibility of the person or entity submitting them and do not necessarily reflect the opinions of Serta. You understand and acknowledge that you are responsible for whatever content you submit, and you, not Serta, have full responsibility for such content, including its legality, reliability and appropriateness. By uploading or otherwise transmitting material to Serta or to any area of the Serta Web Site, you warrant that the material is your own or is in the public domain or otherwise free of proprietary or other restrictions and that you have the right to communicate it to Serta and/or post it to the Serta Web Site. You grant to Serta the right to use all content you upload or otherwise transmit to Serta or the Serta Web Site in any manner Serta chooses, including, but not limited to, copying, displaying, performing or publishing it in any format whatsoever, modifying it, incorporating it into other material or making a derivative work based on it.
(c) Serta reserves the right, but does not assume any responsibility, to (1) remove any material posted on the Serta Web Site which Serta, in its sole discretion, deems inconsistent with the foregoing commitments, including any material Serta has been notified, or has reason to believe, constitutes a copyright infringement; and (2) terminate any user’s access to all or part of the Serta Web Site. However, Serta can neither review all material before it is posted on the Serta Web Site nor ensure prompt removal of objectionable material after it has been posted. Accordingly, Serta assumes no liability for any action or inaction regarding transmissions, communications or content provided by third parties. Serta reserves the right to take any action it deems necessary to protect the personal safety of users of this Web Site and the public; however, Serta has no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.
Your failure to comply with the provisions of (a) or (b) above may result in the termination of your access to the Serta Web Site and may expose you to civil and/or criminal liability.
4. Links
The Serta Web Site may contain links to other web sites on the Internet. Serta is not responsible for and does not endorse the content, products, services or practices of any third party web sites, including, without limitation, sites framed within the Serta Web Site or third party advertisements, and does not make any representations regarding their quality, content or accuracy. Your use of third party web sites is at your own risk and subject to the terms and conditions of use for such web sites.
If you choose to correspond, participate in a promotion or engage in transactions with any distributor or other merchant found on or through this Web Site, you acknowledge and agree that Serta is not a party to, and will not be responsible for, your interaction with such merchant, including its treatment of your information and the terms and conditions applicable to any transaction between you and the merchant. The terms of your interaction with any merchant are solely between you and such merchant. You agree that Serta will have no responsibility or liability for any loss or damage of any kind that you may suffer as the result of any such interaction or the presence of such merchants on this Web Site.
5. Liability of Serta and its Licensors
Serta does not assume any liability for the materials, information and opinions provided on, or available through, the Serta Web Site (the “Site Content”). Reliance on the Site Content is solely at your own risk. Serta disclaims any liability for injury or damages resulting from the use of any Site Content.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERTA WEB SITE, THE SITE CONTENT AND THE PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE THROUGH THIS WEB SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. NEITHER SERTA NOR ANY PERSON ASSOCIATED WITH SERTA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY, OR AVAILABILITY OF THE SERTA WEB SITE. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER SERTA NOR ANYONE ASSOCIATED WITH SERTA WARRANTS OR REPRESENTS THAT THE SERTA WEB SITE, THE SITE CONTENT OR THE SERVICES PROVIDED ON OR THROUGH THIS WEB SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE SERTA WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE SERTA WEB SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. SUBJECT TO THE TERMS OF SEPARATE TERMS, CONDITIONS OR WARRANTIES APPLICABLE TO CERTAIN SERTA PRODUCTS, IF ANY, SERTA DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.
IN NO EVENT WILL SERTA OR ITS LICENSORS OR CONTRACTORS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SERTA WEB SITE, THE SITE CONTENT, ANY SERVICES PROVIDED ON OR THROUGH THIS WEB SITE OR ANY LINKED SITE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE SERTA WEB SITE OR THE SITE CONTENT, WHETHER OR NOT THERE IS NEGLIGENCE BY SERTA AND WHETHER OR NOT SERTA HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
6. Trademarks
The term “Serta” and the Serta logo and all related names, logos, product and service names, designs and slogans are Serta trademarks, including without limitation product brand names (e.g., Perfect Sleeper). Except with respect to the creation of a link to our Web site in accordance with Serta's Linking Terms, you may not use such marks without Serta’s prior written permission. All other names, brands and marks are used for identification purposes only and may be the trademarks or registered trademarks of their respective owners.
7. Copyright
The entire contents of this Web Site (including all information, software, text, displays, images and audio) and the design, selection and arrangement thereof, are proprietary to Serta or its licensors and are protected by United States and international laws regarding copyrights, trademarks, trade secrets and other proprietary rights. You are authorized only to use the content on the Serta Web Site for personal use or legitimate business purposes related to your role as a current or prospective customer, supplier, or distributor of Serta. Any other use of the Web Site or its content, in whole or in part, without permission of the applicable rights holder is strictly prohibited. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit or distribute any of the material on this site for purposes other than those noted above, or other similar unauthorized exploitation of the Web Site or its content without the prior written consent of Serta, except to: (a) store copies of such materials temporarily in RAM, (b) store files that are automatically cached by your web browser for display enhancement purposes, and (c) print a reasonable number of pages of the Serta Web Site; provided in each case that you do not alter or remove any copyright or other proprietary notices included in such materials. Neither the title nor any intellectual property rights to any information or material in this Web Site are transferred to you, but remain with Serta or the applicable owner of such content. Except as expressly authorized by Serta in writing, you may not reproduce, sell or exploit for any commercial purposes (a) any part of this Web Site, (b) access to this Web Site or (c) use of this Web Site or of any services or materials available through this Web Site. Without limiting the foregoing, unauthorized use of the Web Site’s content is illegal and could subject you to criminal prosecution as well as personal liability for damages in a civil suit.
8. Indemnification
You agree to indemnify and hold harmless Serta and its officers, directors, employees, agents, affiliates, third party information providers, licensors and others involved in the Serta Web Site or the delivery of products, services or information over the Serta Web Site, from and against any and all liabilities, expenses, damages and costs, including reasonable attorney’s fees, arising from any violation by you of these Terms of Use or your use of the Serta Web Site or any products, services or information obtained from this Web Site.
9. Comments and Submissions
Serta welcomes your comments. All comments, suggestions or other information sent by you to this Web Site for internal use by Serta or its advertisers or business partners in response to solicitations on this Web Site will become Serta’s property and you agree that all intellectual property rights therein are transferred to Serta. You understand that any postings, or content submitted for posting, to publicly available portions of the Serta Web Site are non-confidential for all purposes.
10. Termination of Right to Use the Web Site
We reserve the right to terminate your right to use the Web Site if you violate any of these Terms of Use or if your account has been inactive for more than 90 days. Upon termination of your right to use the Web Site, we will remove your account privileges. The disclaimers and limitations of liability set forth in these Terms of Use shall survive any such termination.
11. Privacy and Security
We will protect and use information provided by you as set forth in the Privacy Policy. You agree not to violate or attempt to violate the security of the Web Site. You understand that your account information on the Web Site is controlled by you, through the use of usernames and passwords that you selected. You are responsible for protecting the confidentiality of those usernames and passwords. Serta is entitled to rely on the fact that any orders for Serta products or other information sent to the Web Site under your usernames and passwords were sent by you. If you believe that the confidentiality of any of your usernames and/or passwords has been compromised or that someone has accessed your account without authorization, you should contact Serta immediately.
12. Applicable Law
The owner of this Web Site is based in the State of Illinois, USA. Since the Web Site can be accessed from all 50 states, as well as from other countries around the world, and each of these places has laws that may differ from those of Illinois, by accessing the Web Site both you and Serta agree that the statutes and laws of the State of Illinois, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of the Web Site and its contents. Serta makes no representation that materials in this Web Site are appropriate or available for use in other locations. If you access this Web Site from other locations, you are responsible for complying with local laws. Unless otherwise explicitly stated, all marketing and promotional materials found on the Web Site are solely directed to individuals located in the United States. You and Serta further agree to submit to the exclusive personal jurisdiction and venue of the state or federal courts located in Cook County, Illinois with respect to any matters relating to the services, the use of the Web Site and its contents or any transactions arising therefrom. Any action brought by you with respect to anything related to the Web Site must be brought, if at all, within one (1) year from the accrual of such cause of action. A printed version of these Terms of Use will be admissible in judicial and administrative proceedings based upon or related to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
13. Contact
Please contact
Kelly Rampson
marketing@sertanational.com
Or, Mail to:
Serta Marketing Department
c/o Serta Customer Service
3 Golf Center #392
Hoffman Estates, IL 60169
Or, call:
1-888-55-SERTA
if you become aware of any content that may infringe the copyright of a third party or that you believe to be in violation of these Terms of Use.
14. General
These Terms of Use, as they may be amended from time to time, completely and exclusively state the agreement between you and Serta with respect to the Serta Web Site, and no other terms that may have been communicated to you orally or in any other manner shall have any force or effect. We may assign our rights and responsibilities hereunder without notice to you. If any part of these Terms of Use is unenforceable, the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties and the other provisions of these Terms of Use shall remain in full force and effect. Serta reserves the right to amend or modify these Terms of Use or impose new conditions at any time. Such amendments and modifications will be effective immediately upon giving you notice by any means, including, but not limited to, posting on the Web Site.
Serta’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not constitute a waiver of the provision. Neither a course of dealing or conduct between you and Serta nor any trade practices shall be deemed to modify these Terms of Use. Your use of the Web Site, however, is subject to the additional disclaimers and caveats that may appear throughout the Web Site.