BR Terms of Use | SSB Beautyrest

Serta Simmons Bedding, LLC (hereinafter “SSB,” “we” or “us”) provides the following website to you: www.sertapremiersalessupport.com (collectively, the “Site”). We allow your use of and access to all content and services offered there (collectively, the “Services”) conditioned on your acceptance of the terms, conditions, and notices contained in these Terms and Conditions of Use. Please read these Terms and Conditions of Use carefully before using the Site or Services. By accessing or using the Site or Services, you agree to be bound to these Terms and Conditions of Use. If you do not agree to these Terms and Conditions of Use or if you are dissatisfied with the Site’s content, do not access or use the Site or Services.

CHANGES TO THESE TERMS AND CONDITIONS
SSB reserves the right to change these Terms and Conditions of Use from time to time, with or without notice to you, by posting such changes on the Site. You are responsible for regularly reviewing these Terms and Conditions of Use. By using any Site or Services following any changes to these Terms and Conditions of Use, you agree to be bound by them.

PRIVACY POLICY
When you use the Site or Services, we may obtain certain personal information from you. Note that any such information will be treated by SSB in accordance with SSB’s , which is incorporated into these Terms and Conditions of Use.

CREATING ACCOUNTS
In connection with certain features on the Site or Services, we may issue to you, or enable you to create, an account with a username and password that enables you to log into certain areas of the Site or Services, to allow you to take advantage of certain Services such as saving products of interest or receiving other information. In any event, you are responsible for (a) maintaining the security and strict confidentiality of your account password, and (b) for any activity under your account and password, and you accept all risks of unauthorized access to any data or other information you provide to or through the Site or Services. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account, and notify SSB when you desire to cancel your account for the Site or Services. We will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.

YOUR USE OF THE SITE AND SERVICES
The Site and Services are for your personal and noncommercial use only. Other than as expressly permitted in the next paragraph, you may not copy, reproduce, distribute, transmit, display, perform, publish, license, modify, translate, adapt, create derivative works from, transfer, sell or otherwise exploit the Site or Services or any content, information, software, products or services obtained from them, without the prior written permission of SSB.

You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download onto your personal computer, mobile device or other technology used to access the Site or Services, and print single hard copy portions of the material from the Site or Services solely for your own noncommercial and lawful use. If you make other use of the Site or Services, except as otherwise provided above, you may violate copyright and other laws of individual states, the United States or other countries, and you may be subject to liability for any such unauthorized use.

In connection with your use of the Site or Services, you may not:

(a) engage in harvesting of e-mail addresses or other personal information, unsolicited e-mailing, telephone calls or mailings, spoofing, flooding, overloading, spidering, “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information;

(b) impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity;

(c) collect any personal information about other users, or intimidate, threaten, stalk or otherwise harass other users of the Site or Services;

(d) send chain letters or pyramid schemes through or using the Site;

(e) decompile, disassemble or reverse engineer the Site or any portion of it;

(f) attempt to gain unauthorized access to the Site, Services, any portion of them, or any other computer systems or social media or mobile platforms through the Site or Services;

(g) use the Site or Services in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site or Services;

(h) obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site or Services;

(i) use the Site or Services or create an account or post any content if you are not over 13 years of age years of age; or

(j) circumvent or attempt to circumvent any filtering, security measures, rate limits or other features designed to protect the Site or Services, any users of the Site or Services (including you), or third parties.

THIRD PARTY SERVICES, LINKS AND CONTENT

From time to time, we may provide you with links through the Site or Services to other websites or services that we do not own or control (including, without limitation, processing your credit card payment for bedding accessories you purchase) (“Third Party Sites”), as well as photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, or other content or items belonging to or originating from third parties (“Third Party Content”). Your use of any such Third Party Sites and Third Party Content is governed by that third party’s own terms of service and privacy policies. Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, legality, timeliness, authenticity, reliability, or completeness by SSB, and SSB is not responsible for any Third Party Sites accessed through the Site, Services or otherwise, or for any Third Party Content posted on, available through or installed from the Site, Services or otherwise. Inclusion of, linking to, or permitting the use or installation of any Third Party Site or any Third Party Content does not imply any approval or endorsement of either by SSB. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Content, you do so at your own risk, and you should be aware that, unless otherwise indicated, these Terms and Conditions of Use no longer govern.

SSB’S RIGHTS IN THE SITES AND SERVICES
SSB or its licensors own all right, title and interest in and to the Site and Services, all the text, content, graphics, interfaces, code and materials in connection with each, the look and feel, selection and arrangement, design and organization of the Site, and the compilation of the content, code, data and materials on the Site, including, but not limited to, all intellectual property rights and other proprietary rights in the Site and Services. Your use of the Site and/or Services does not grant to you ownership of any of the foregoing. Unless otherwise indicated on the Site, displayed trademarks, corporate logos, service marks, trade names and emblems (collectively, the “Marks”) are subject to the trademark rights of, and are proprietary to, SSB or its licensors. SSB does not grant any license or other authorization to use the Marks.

YOUR CONTENT AND CONDUCT
The Site and Services may offer the opportunity for you and other users to post or otherwise make available written or other content or messages (collectively, the “User-Generated Content”) on the Site and through Services. You are solely responsible for your use of such interactive areas of the Site and Services and you use them at your own risk. You may only post User-Generated Content to public areas and where you have permission to post. You may not post any content that violates these Terms and Conditions of Use or any third party rights.

When using the Site and/or Services, you may not post, link, or otherwise publish on or through the Site or Services any User-Generated Content that:

is sexually explicit, violent, derogatory, unlawful, libelous, bigoted, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, an invasion of another individual’s privacy or publicity rights, abusive, inflammatory, fraudulent, deceptive or otherwise objectionable;
promotes illegal drug use, tobacco or firearms use;
constitutes, encourages or provides instructions for a criminal offense, violates the rights of any individual or group, or that otherwise creates liability or violates any local, state, national or international law;
may infringe any intellectual or proprietary right of any party;
uses the names or likenesses of persons, living or dead, without their permission or that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
advertises or links to other sites for your commercial purposes;
includes the personally identifiable information of someone else;
constitutes mass or repeated promotions, political campaigning or commercial messages (i.e., SPAM) directed at users who do not follow you;
includes viruses, corrupted data or other harmful, disruptive or destructive files or code;
communicates messages inconsistent with the positive goodwill of SSB; or in the sole judgment of SSB, is objectionable, or which may expose the Site or Services or any of their users to any harm.

SSB has no obligations with respect to, and assumes no liability for, any User-Generated Content posted or otherwise published by any user of the Site or Services, or for any loss or damage relating to that activity. Although SSB has no obligation to screen or maintain any User-Generated Content posted to or distributed through the Site or Services, SSB reserves the right, in its sole discretion, to remove or delete any User-Generated Content posted to or distributed through the Site or Services without notice to you. You acknowledge and agree that you are solely responsible for the accuracy and content of your User-Generated Content.

Upon submitting or otherwise making available any User-Generated Content: (a) you represent and warrant that the User-Generated Content is original to you, that no other party has any rights to it, that any “moral rights” in it have been waived and that your User-Generated Content, and our use of it, do not infringe on any third party right or violate any applicable law; and (b) you grant to SSB a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to copy, disclose, distribute, transmit, publicly display, publish, publicly perform, modify, translate, adapt, make derivative works from, incorporate and otherwise use and exploit the User-Generated Content, in whole or part, and including all data, images, creative works, sounds, text, and other things embodied in that User-Generated Content, for any and all commercial or noncommercial purposes. Aside from our limited right to any User-Generated Content that you submit, link, post or otherwise make available on or through the Site or Services, you retain all of your rights to such User-Generated Content, and we do not claim ownership of any such User-Generated Content.

PROCESS FOR SUBMITTING CLAIMS OF COPYRIGHT INFRINGEMENT
In accordance with the Digital Millennium Copyright Act (the “DMCA”) and other applicable laws, we have implemented a procedure for contacting us in the event you feel that certain rights might be infringed by content posted on the Site or otherwise through Services. If you believe in good faith that content hosted by us infringes your copyright, then provide to our Registered Agent written notice containing all of the below information:

a full and complete identification of the copyrighted work you claim was infringed;
a clear identification of the content you claim is infringing the copyrighted work, the website on which the content is posted, and information that will allow us to locate that material on the Site, such as a link to the allegedly infringing content;
your name, postal address, e-mail address and telephone number;
the following statement, signed by you: “I have a good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.”;
the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and I am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.”; and
a original signature on the notice by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Any such notices of claims of copyright infringement must be either mailed or e-mailed, at your choice, to:

Serta Simmons Bedding, LLC
Copyright Infringement Notice
Attention: Legal Department
3560 Lenox Road, Suite 1100
Atlanta, Georgia 30326

We will review and address all notices that we receive that comply with the above requirements. We recommend that you consult your legal advisor before filing a notice or counter-notice. You may be liable for damages (including costs and attorneys’ fees) if you make a false claim of copyright infringement.

REPEAT INFRINGER POLICY
In accordance with the DMCA and other applicable laws, we have adopted a policy of terminating the memberships of submitters who are deemed to be repeat infringers, such determination made in appropriate circumstances and at our sole discretion. We may also limit access to the Site at our sole discretion for any user who infringes any intellectual property rights of others, whether or not there is any repeat infringement.

CHANGES TO THE SITES OR SERVICES

Availability of the services and features described on the Site or otherwise in connection with Services are subject to change without notice. We reserve the right, for any reason and in our sole discretion, to terminate, change, suspend or discontinue any aspect of the Site or Services. We may also impose limits on certain features of the Site or Services or restrict your access to part or all of the Site or Services without notice or penalty. Further, if you breach any of these Terms and Conditions of Use, we have the right to suspend, disable or otherwise terminate your access to and use of the Site and/or Services.

DISCLAIMER
THE SITES AND SERVICES, INCLUDING, WITHOUT LIMITATION, THE MATERIALS, INFORMATION, CONTENT, FUNCTIONS, SERVICES, PRODUCTS, TEXT, GRAPHICS, AND LINKS IN OR ON EITHER, ARE EACH PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SSB PROVIDES THEM TO YOU “AS-IS” AND AS AVAILABLE AND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUSES, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. SSB DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITES OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SITES, SERVICES, OR THE SERVER THAT MAKES EITHER AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SSB DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN ANY OF THE SITES OR PROVIDED AS PART OF SERVICES OR WITH RESPECT TO THEIR COMPLETENESS, CORRECTNESS, ACCURACY, AVAILABILITY, ADEQUACY, USEFULNESS, TIMELINESS, SECURITY, RELIABILITY OR OTHERWISE. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SSB OR THROUGH THE SITES OR PARTICIPATION IN THE SERVICES SHALL CREATE ANY OBLIGATION ON, OR WARRANTY BY, SSBNOT EXPRESSLY MADE IN THESE TERMS AND CONDITIONS OF USE. IF YOU ARE DISSATISFIED WITH THE SITES OR SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THEM. YOU SHOULD NOT RELY ON THE SITES OR SERVICES TO MAINTAIN ANY DATA OR INFORMATION YOU SUBMIT; INSTEAD, YOU SHOULD RETAIN ALL SUCH DATA AND INFORMATION IN YOUR OWN RECORDS FOR USE IN THE EVENT THAT THE SITES OR SERVICES FAIL OR ARE UNAVAILABLE, OR THE DATA OR INFORMATION IS LOST.

LIMITATION OF LIABILITY
IN NO EVENT WILL SSB, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, PARTNERS, SHAREHOLDERS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS (COLLECTIVELY, THE “PROTECTED ENTITIES”), BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF THE PROTECTED ENTITIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, TORT, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE SITES OR SERVICES, OR THE INFORMATION, SERVICES AND MATERIALS AVAILABLE FROM THE SITES OR SERVICES. THESE LIMITATIONS APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT WILL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY YOU OR ON BEHALF OF ANY OTHER USER OR OTHER PERSON ON OR THROUGH THE SITES OR SERVICES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

INDEMNIFICATION
You agree to indemnify, defend, and hold harmless the Protected Entities from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting in any way from your use of the Site or Services, your communication, placement or transmission of any message, content, information or other materials on or through the Site or Services (including your User-Generated Content), your breach or violation of any law or third party right or of these Terms and Conditions of Use, or any activity otherwise related to your use of the Site or Services (including negligent or wrongful conduct), or by any other person accessing or using the Site or Services using an account registered to you.

ENTIRE AGREEMENT, GOVERNING LAW
These Terms and Conditions of Use constitute the entire agreement between you and SSB and govern your use of the Site and Services, and supersede any prior agreements between you and SSB relating to your use of the Site or Services. These Terms and Conditions of Use and the relationship between you and SSB will be governed by and construed under the laws of the State of Georgia, without regard to conflicts-of-law principles. You expressly agree that exclusive jurisdiction for any dispute with the Site or Services or relating to your use of them, resides in the courts of the State of Georgia, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Georgia located in Fulton County, Georgia USA in connection with any such dispute. You further agree that you will not commence against any of the Protected Entities a class action, class arbitration or other representative action or proceeding in connection with the Site or Services. If any provision of these Terms and Conditions of Use is found by a court of competent jurisdiction to be invalid, the court should endeavor to give effect to the intentions as reflected in the subject provision, and all the other provisions of these Terms and Conditions of Use will remain in full force and effect. By using the Site and/or Services, you agree that regardless of any statute or law to the contrary, any cause of action or claim you may have with respect to the Site, Services, or these Terms and Conditions of Use must be commenced within one (1) year after the claim or cause of action arises or be forever barred. SSB’s failure to insist upon or enforce strict performance of any provision of these Terms and Conditions of Use will not be construed as a waiver of any provision or right. Neither the course of conduct between you and SSB nor any trade practice shall act to modify any of these Terms and Conditions of Use. SSB may assign its rights and duties under these Terms and Conditions of Use to any party at any time without notice to you. The Site is controlled and operated in the United States, and may not be available outside of the United States. SSB makes no representation that materials on the Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access the Site from locations outside of the United States do so on their own initiative and are responsible for compliance with all applicable local laws. In the case of any violation by you of these Terms and Conditions of Use, SSB reserves the right to seek all remedies available to it for such violations.

Updated 04/10/2016