Terms of Use

Terms of Use

Last Updated: [2/28/17]

These Terms of Use (these “Terms”) form a binding legal agreement between Urban Sleep Products LLC, a Colorado limited liability company (“we”, “us”, or “our”) and you (“you” and “your”), a visitor of the website located at www.urbanmattress.com (the “Site”), governing your access to and use of the Site. By accessing or using the Site, you are expressly accepting these Terms. If you do not agree to be bound by these Terms, you must immediately cease use of the Site.

  1. Modification. We may modify these Terms from time to time in our sole discretion. Any modifications to these Terms will be posted on the Site. By continuing to use the Site after a new version of these Terms has been posted, you consent to the changes and agree to comply with the then-posted version of these Terms. We encourage you to periodically review these Terms.
  2. License. “Content” means all information, data, text, software, music, sound, photographs, graphics, video, messages or other material that are included or displayed on the Site. Subject to your continued compliance with these Terms, we grant you a limited, revocable, personal, non-exclusive, non-transferable license to access and use the Site and Content for your personal, informational, non-commercial use.

  1. Restrictions. You may not: (i) remove any trademarks, copyright notices, or any other notice contained in any Content; (ii) reproduce, download (other than page caching), modify, publish, distribute, transmit, disseminate, broadcast, transfer, license, sell, rent, lease, adapt, create derivative works based upon, publicly display or perform, or in any way exploit any Content; (iii) frame or utilize framing techniques to enclose any Content; (iv) disassemble, decompile or reverse engineer any of the Content; (v) attempt to hack any portion of the Site, or to defeat or overcome any encryption technology or security measures implemented by us; (vi) interfere with or disrupt the operation of the Site or the servers or networks connected to, or operated in connection with, the Site; (vii) violate any applicable local, state, national or international law; (viii) make any request to transactional servers more than once during any three-second interval; (ix) purchase any mattress, foundation, accessory, or other product through the Site (“Products”) for any commercial purpose including resale or any use other than personal use; (x) provide any inaccurate, misleading, or fraudulent information through or in connection to the Site; or (xi) post or submit any unlawful, infringing, offensive, threatening, harassing, libelous, defamatory, pornographic, obscene or otherwise objectionable material via the Site.

  1. Term. These Terms shall remain in full force and effect until terminated by us at any time with or without notice. Without limiting the foregoing, we may immediately terminate or suspend your access to the Site for any reason or no reason. The license granted to you in Section 2 will automatically terminate if you breach these Terms. Sections 3 through 12 will survive any termination or expiration of these Terms.
  2. Ownership. We (or our licensors) own the Site and all Content, including any trademarks, copyrights, and other intellectual property copyrights therein. Nothing herein will be deemed to grant you any right, title, or interest in the Site or the Content. You own any personal information you provide to us, and our collection and use thereof is governed by our Privacy Policy[LINK], which is incorporated into these Terms. If you send us any suggestions, inventions, modifications, improvements, concepts, ideas, Comments (as defined below), or feedback (collectively, “Feedback”), you hereby grant us a perpetual, irrevocable, worldwide, fully paid up and royalty free, transferable and sublicenseable license to reproduce, display, perform, create derivative works based on, and otherwise use and exploit the Feedback for any purpose whatsoever without notice, compensation, or approval to or from you.
  3. Comments. Certain areas of the Site, for example product pages and blog postings, may offer visitors the ability to submit and post review and comments (collectively, “Comments”). By submitting or posting any Comments, you acknowledge and agree that such Comments will be publicly viewable by other visitors to the Site. We will have no obligation to post any particular Comment you suggest, and will have the right (but not the obligation) to remove without notice any Comments that we believe in our sole discretion breach these Terms or are otherwise inappropriate. We are not responsible for any Comments posted on the Site. The opinions and statements made in any such Comments are those of the respective author, and do not necessarily represent our opinions.
  4. Third Party Sites. The Site may contain links to third party websites (each, a “Third Party Site”). We provide these links only as a convenience. We do not control or operate Third Party Sites and we do not endorse the contents of any Third Party Site. We are not liable for any information, products, advertisements, content, services or software accessible through any Third Party Sites. You visit any Third Party Sites at your own risk, and you hereby fully release us and our affiliates, and each of our respective directors, officers, employees, representatives, agents, successors and assigns (collectively, our “Personnel”) from any damages or losses alleged to be caused by your use of or reliance on any Third Party Site or any content, products, services or other materials available therein. Third Party Sites are subject to website and privacy policies that we do not control; please review such policies closely before using any Third Party Site.
  5. Disclaimers. The Site and Content are for your informational purposes only. Reliance on any information provided by the Site is solely at your own risk. We are not responsible for any problems or technical malfunction of any electronic network or lines, servers, software, or failure of transmission as a result of technical problems or traffic congestion on the Internet or on the Site, including any injury or damage to any person’s computer resulting from participation or downloading materials in connection with the Site.

For any Urban Mattress-branded Products, the exclusive warranty offered by us to you is our limited warranty [LINK], which is subject to the terms set forth therein. For any other Products, the relevant third party may offer its own warranties, which we will pass through to you to the extent permitted.

EXCEPT AS SET FORTH IN THE PRECEDING PARAGRAPH, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE AND CONTENT ARE PROVIDED ON AN AS IS AND AS AVAILABILE BASIS, AND ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, ARE HEREBY DISCLAIMED BY US AND WAIVED BY YOU, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE OR THIRD PARTY SITES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

  1. Limitation on Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OR OUR SUPPLIERS OR AFFILIATES, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATED TO THE SITE, CONTENT, OR ANY PRODUCTS MADE OR SOLD BY OR ON BEHALF OF SUCH ENTITIES, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, PRODUCT LIABILITY OR OTHERWISE. THIS LIMITATION WILL APPLY EVEN IF WE HAVE BEEN ADVISED OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL OUR, OR OUR SUPPLIERS’ OR AFFILIATES’, TOTAL LIABILITY EXCEED THE AMOUNTS PAID BY YOU TO US FOR ANY PRODUCTS SOLD BY US. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN THE EVENT OF ANY PROBLEMS REGARDING ANY PRODUCTS PURCHASED BY YOU FROM US, YOU AGREE THAT YOUR EXCLUSIVE REMEDY AND OUR SOLE OBLIGATION WILL BE AS SET FORTH IN OUR RETURN POLICIES AND LIMITED WARRANTY, AS APPLICABLE AND SUBJECT TO ANY ADDITIONAL TERMS SET FORTH THEREIN.
  2. Governing Law; Arbitration. THESE TERMS ARE GOVERNED BY THE LAWS OF THE STATE OF COLORADO. IN THE EVENT OF A DISPUTE RELATED TO THESE TERMS, SITE, OR CONTENT, SUCH DISPUTE WILL BE DETERMINED AND SETTLED BY BINDING ARBITRATION BETWEEN THE PARTIES, IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”). MORE INFORMATION ABOUT THE AAA IS LOCATED AT WWW.ADR.ORG, OR YOU CAN CALL THE AAA AT 1-800-778-7879. ARBITRATION WILL TAKE PLACE IN DENVER, COLORADO. ALL ARBITRATION PROCEEDINGS WILL BE CLOSED TO THE PUBLIC AND CONFIDENTIAL AND ALL RELATED RECORDS WILL BE PERMANENTLY SEALED, EXCEPT AS NECESSARY TO OBTAIN COURT CONFIRMATION OF THE ARBITRATION AWARD. THE DECISION AND THE ARBITRATORS’ AWARD WILL BE IN WRITING AND WILL INCLUDE A STATEMENT SETTING FORTH THE REASONS FOR THE DISPOSITION OF ANY CLAIM. ANY DISSENTING DECISION WILL ALSO BE SET FORTH IN WRITING. THE ARBITRATORS’ AWARD WILL BE FINAL AND BINDING ON THE PARTIES, AND JUDGMENT THEREON MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION.
  3. Indemnity. You will indemnify and hold us, our subsidiaries and affiliates, and their respective officers, agents, partners and employees, harmless from any damages, losses, or expenses (including reasonable attorneys’ fees) incurred in relation to claims made by any third party due to or arising out of your breach of these Terms.
  4. General. These Terms and any agreements or policies referenced herein constitute the entire agreement between the parties regarding the subject matter thereof and supersede any prior or contemporaneous agreements with regards to such subject matter. A party’s failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. If any provision of these Terms is unlawful, void or unenforceable, that provision will be severed from these Terms the validity and enforceability of the remainder of these Terms will be unaffected. We welcome your questions or comments regarding this Policy. If you have any questions or comments, please contact us at marketing@urbanmattress.com.