Terms and Conditions
Legal Notices
Please Read These Terms Carefully Before Using This Site This Web site
is provided by Quality Comfort and may be used for informational
purposes only. By using the site or downloading materials from the site,
you agree to abide by the terms and conditions set forth in this notice.
If you do not agree to abide by these terms and conditions, do not use
the site or download materials from the site.
Limited License
Subject to the terms and conditions set forth in this Agreement, Quality
Comfort grants you a non-exclusive, non-transferable, limited right to
access, use and display this site and the materials thereon. You agree
not to interrupt or attempt to interrupt the operation of the site in
any way. Quality Comfort authorizes you to view and download the
information ("Materials") at this Web site ("Site") only for your
personal, non-commercial use. This authorization is not a transfer of
title in the Materials and copies of the Materials and is subject to the
following restrictions: You must retain, on all copies of the Materials
downloaded, all copyright and other proprietary notices contained in the
Materials. You may not modify the Materials in any way or reproduce or
publicly display, perform, or distribute or otherwise use them for any
public or commercial purpose. You must not transfer the Materials to any
other person unless you give them notice of, and they agree to accept,
the obligations arising under these terms and conditions of use. You
agree to abide by all additional restrictions displayed on the Site as
it may be updated from time to time. This Site, including all Materials,
is copyrighted and protected by worldwide copyright laws and treaty
provisions. You agree to comply with all copyright laws worldwide in
your use of this Site and to prevent any unauthorized copying of the
Materials. Except as expressly provided herein, Quality Comfort does not
grant any express or implied right to you under any patents, trademarks,
copyrights or trade secret information.
Disclaimer
THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. QUALITY
COMFORT DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS
OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER
INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE
THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR
INFORMATION SHALL BE AT YOUR SOLE RISK. QUALITY COMFORT RESERVES THE
RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY
PORTION OF THE SITE. QUALITY COMFORT MAY MAKE ANY OTHER CHANGES TO THE
SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF
ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE. THIS SITE, THE
INFORMATION AND MATERIALS ON THE SITE, AND THE SOFTWARE MADE AVAILABLE
ON THE SITE, ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATION OR
WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED
TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY
PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF
IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Third Party Sites
As a convenience to you, Quality Comfort may provide, on this Site,
links to Web sites operated by other entities. If you use these sites,
you will leave this Site. If you decide to visit any linked site, you do
so at your own risk and it is your responsibility to take all protective
measures to guard against viruses or other destructive elements. Quality
Comfort makes no warranty or representation regarding, and does not
endorse, any linked Web sites or the information appearing thereon or
any of the products or services described thereon. Links do not imply
that Quality Comfort or this Site sponsors, endorses, is affiliated or
associated with, or is legally authorized to use any trademark, trade
name, logo or copyright symbol displayed in or accessible through the
links, or that any linked site is authorized to use any trademark, trade
name, logo or copyright symbol of Quality Comfort or any of its
affiliates or subsidiaries.
Information Provided By You
Quality Comfort does not want you to, and you should not, send any
confidential or proprietary information to Quality Comfort via the Site.
You agree that any information or materials that you or individuals
acting on your behalf provide to Quality Comfort will not be considered
confidential or proprietary. By providing any such information or
materials to Quality Comfort, you grant to Quality Comfort an
unrestricted, irrevocable, worldwide, royalty-free license to use,
reproduce, display, publicly perform, transmit and distribute such
information and materials, and you further agree that Quality Comfort is
free to use any ideas, concepts or know-how that you or individuals
acting on your behalf provide to Quality Comfort. You further recognize
that Quality Comfort does not want you to, and you warrant that you
shall not, provide any information or materials to Quality Comfort that
is defamatory, threatening, obscene, harassing, or otherwise unlawful,
or that incorporates the proprietary material of another.
Limitations of Damages
IN NO EVENT SHALL QUALITY COMFORT OR ANY OF ITS AFFILIATES OR
SUBSIDIARIES BE LIABLE TO ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL,
CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST
PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER
DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE
OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS OF
THE SITE OR ANY LINKED WEB SITE, EVEN IF QUALITY COMFORT IS EXPRESSLY
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Changes
Quality Comfort reserves the right, at its sole discretion, to change,
modify, add or remove any portion of this Agreement in whole or in part,
at any time. Changes in this Agreement will be effective when notice of
such change is posted. Your continued use of the Site after any changes
to this Agreement are posted will be considered acceptance of those
changes. Quality Comfort may terminate, change, suspend or discontinue
any aspect of the Quality Comfort Site, including the availability of
any features of the Site, at any time. Quality Comfort may also impose
limits on certain features and services or restrict your access to parts
or all of the Site without notice or liability. Quality Comfort may
terminate the authorization, rights and license given above and, upon
such termination, you shall immediately destroy all Materials.
International Users and Choice of Law
This Site is controlled, operated and administered by Quality Comfort
from its offices within the United States of America. Quality Comfort
makes no representation that materials at this site are appropriate or
available for use at other locations outside of the United States and
access to them from territories where their contents are illegal is
prohibited. You may not use the Site or export the Materials in
violation of U. S. export laws and regulations. If you access this Site
from a locations outside of the United States, you are responsible for
compliance with all local laws. These Terms and Conditions of use shall
be governed by the laws of the State of New Jersey, without giving
effect to its conflict of laws provisions. This Agreement constitutes
the entire agreement between Quality Comfort and you with respect to
your use of the Site. Any cause of action you may have with respect to
your use of the Site must be commenced within one (1) year after the
claim or cause of action arises. If for any reason a court of competent
jurisdiction finds any provision of the Agreement or portion thereof, to
be unenforceable, that provision shall be enforced to the maximum extent
permissible so as to affect the intent of the Agreement, and the
remainder of this Agreement shall continue in full force and effect.
