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Terms of Use

Introduction

 

This Terms of Use Agreement sets forth the Agreement between Eastman House (we) and each user (you or user) governing the use by you of this site. All orders accepted herein are fulfilled by eastmanhousemattress.com, which is subject to all of the provisions set forth herein. Please read this Agreement carefully before using this site. By using this site, you signify your assent to this Terms of Use Agreement. If you do not agree to the terms and conditions contained in this Terms of Use Agreement, you may not access or otherwise use this site. This Agreement does not apply to any transaction or relationship between the parties that is not related to the use of this website and/or the purchase and sale of merchandise through this website.

 

Copyright

 

All contents included on the Site but not limited to Website design, text, graphics, the selection and arrangement thereof, data, logos, images, software are the property of Eastman House or its content suppliers and are protected by the US and international copyright laws. You may make copies of select portions of the content, provided that the copies are made only for personal, information and non-commercial use and that you do not alter or modify the content in any manner, and maintain any notices contained in the content, such as copyright, notices, trademark legends, or other proprietary right notices.

 

Trademark

 

Eastman House trademarks may not be used in connection with any third-party products or services or in any manner that disparages or discredits Eastman House . All other brands and names including third party product names are the property of their respective owners.

 

No Warranty – Disclaimer

 

eastmanhousemattress.com is providing this site and its contents on an as is basis. eastmanhousemattress.com and its officers, directors, employees, agents, licensors, suppliers, content providers and the like (together, affiliates) make no representations or warranties of any kind, express or implied, with respect to this site or its contents, including without limitation the products, information or services offered or sold on or through this site or any Linked Site and the uninterrupted and error-free use of this site. eastmanhousemattress.com and its affiliates expressly disclaim all such representations and warranties, including without limitation all warranties of merchantability, accuracy, timeliness, completeness, fitness for a particular purpose and non-infringement. eastmanhousemattress.com and its affiliates do not warrant that the site or files available on the site will be free from corrupted data, computer viruses or similar destructive or contaminating code. No oral or written statements by eastmanhousemattress.com or its affiliates will create any warranty not expressly set forth herein. Your use of this site and any Linked Site is at your sole risk.

 

Order Acceptance

 

Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy and your order is shipped.

Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, product or ingredient restrictions mandated by local, state, national or international regulations, or problems identified by our credit and fraud avoidance group. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order.

If your order is canceled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge.

eastmanhousemattress.com strictly follows all national and international regulations regarding the sale, purchase and shipment of any product or product ingredient that is considered restricted or prohibited by any law within the United States or abroad.

 

Prices + Currency

 

The prices displayed on this Site are quoted in U.S. dollars and are valid and effective only within the United States, and such prices do not include shipping and handling or sales taxes, if applicable, which will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your order. International shipment rates vary based on total package weight and final destination. All pricing does not include duties, insurance costs, tariffs, or value-added taxes. If assessed, these charges are the responsibility of the package recipient, who will be billed for them by the local Customs office.

 

Pricing Or Typographical Errors

 

We do our best to provide accurate product and pricing information. However, pricing or typographical errors do occur. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, we shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. If an item is incorrectly priced, we will either contact you for instructions or cancel your order and notify you of such cancellation. Prices and availability are subject to change without notice.

 

Quantity Limits And Items For Resale

 

eastmanhousemattress.com reserves the right to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer e-mail and/or billing address provided should such limits be applied. We also reserve the right to prohibit sales to dealers.

 

Limitation Of Liability

 

eastmanhousemattress.com AND ITS AFFILIATES SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE USE OF OR INABILITY TO USE THIS SITE, INCLUDING WITHOUT LIMITATION ANY LIABILITY (I) AS A PUBLISHER OF INFORMATION, (II) AS A RESELLER OF ANY PRODUCTS OR SERVICES, (III) FOR ANY DEFECTIVE PRODUCTS, (IV) FOR ANY INCORRECT OR INACCURATE INFORMATION, (V) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA, (VI) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, OR (VII) FOR ANY OTHER MATTER RELATING TO THIS SITE OR ANY LINKED SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOOD WILL, LOSS OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR INFORMATION, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF THE USER ADVISES OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN eastmanhousemattress.com AND THE USER. THE PRODUCTS, INFORMATION AND SERVICES OFFERED ON AND THROUGH THIS SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. BECAUSE THE LAWS OF SOME STATES MAY NOT ALLOW FOR THE EXCLUSION OF CERTAIN DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

Notwithstanding the foregoing, the sole and entire maximum liability of eastmanhousemattress.com and its affiliates for any reason, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for any product, information or service purchased by you from this site.

You agree to indemnify, defend and hold harmless eastmanhousemattress.com and its affiliates against all claims, demands, causes of action, losses, expenses, damages and costs, including without limitation any reasonable attorney’s fees, resulting or arising from or relating to your use of or conduct on the site, any activity related to your account by you or any other person, any material that you submit to, post on or transmit through the site, your violation of these Terms of Use, your infringement or violation of any rights of another, or termination of your access to this site.

 

Site Usage/Termination Of Usage

 

You agree to use this site only for lawful purposes, and that you are responsible for your use of and communications on the site. You agree not to post on or transmit through this site any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including without limitation any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes others intellectual property rights or otherwise violates any applicable local, state, national or international law. You agree not to use this site in any manner that interferes with its normal operation or with any other user's use and enjoyment of the site. You agree not to reproduce, modify, distribute, replicate, commercially exploit or create derivative works of any portion of the site or material thereon.

You further agree that you will not access our website by any means except through the interface provided by eastmanhousemattress.com for access to the site. You agree that you will not access this site from any territory where its contents are illegal, and that you, and not eastmanhousemattress.com and its affiliates, are responsible for compliance with applicable local laws.

These terms are effective unless and until terminated by either you or eastmanhousemattress.com. You may terminate this Agreement at any time, provided that you discontinue any further use of this Site. eastmanhousemattress.com also may terminate or suspend this Agreement, at any time, without notice, and accordingly deny you access to the site, if in our sole discretion you fail to comply with any term or provision of this Agreement or your use is harmful to the interests of another user or eastmanhousemattress.com or its affiliates. Upon any termination of the Agreement by either you or us, you must promptly destroy all materials downloaded or otherwise obtained from this site, as well as all copies of such materials, whether made under the terms of use or otherwise.

You agree that eastmanhousemattress.com may terminate or suspend your access to all or part of this site, without notice, for any conduct that we, in our sole discretion, believe is in violation of these Terms of Use or any applicable law or is harmful to the interests of another user, eastmanhousemattress.com or its affiliates.

 

Applicable Law; Jurisdiction

 

This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey without regard to choice of law rules. Each user agrees to submit to personal jurisdiction in the State of New Jersey and further agrees that any cause of action arising from or relating to the use of this site or this Agreement shall be brought exclusively in Federal or State Courts for New Jersey.

 

Severability; Interpretation:

 

If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected. When used in this Agreement, the term including shall be deemed to be followed by the words without limitation.

 

Entire Agreement

 

This Agreement constitutes the entire Agreement between eastmanhousemattress.com and each user of this site with respect to the subject matter of this Agreement and supersedes any and all prior or contemporaneous Agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of this Agreement. You agree to review this Agreement prior to your use of this site and your use of this site shall be deemed acceptance of and assent to this Agreement by you.

 

Changes To Terms Of Use Agreement

 

This information was last updated on August 19, 2014. eastmanhousemattress.com may, in its sole discretion, amend this Terms of Use Agreement from time to time. Please check this Agreement area periodically for changes. Use of this website after any modification implies that you consent to this Agreement as modified.

 

Miscellaneous

 

The failure of eastmanhousemattress.com or its affiliates to insist upon strict adherence to any term of this Agreement shall not constitute a waiver of such term and shall not be considered a waiver or limit that party's right thereafter to insist upon strict adherence to that term or any other term of this Agreement. You agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to use of this site or this Agreement must be filed within one (1) year after such claim or cause of action arose, or will be forever barred. The No Warranty - Disclaimer and Limitation of Liability provisions of this Agreement are for the benefit of eastmanhousemattress.com and its affiliates as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

With the prior agreement of eastmanhousemattress.com, any claim, dispute or controversy arising or concerning this site and/or this agreement shall be decided by binding arbitration with the Rules of the American Arbitration Association and any such arbitration pro brought and held in New Jersey, USA. The decisions of the arbitrators shall be conclusive upon all parties involved and judgment upon any award of the arbitrator by any court having competent jurisdiction. This provision shall be specifically enforced by a court of competent jurisdiction.