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This page states the Terms and Conditions ("Terms") under which you, the website visitor ("You" or "Your" or "Yourself") may use this website ("Our Site"), which is owned by Empire Bedding & Furniture Company, Inc. ("We" or "Us" or "Our"). By using this website, You agree to be bound by all of the Terms and Conditions set forth below. If You do not accept these Terms and Conditions, please do not use this website. We may, in Our sole discretion, revise these Terms and Conditions at any time; therefore, You should visit this page periodically to review the Terms and Conditions. Having such access to and use of the Site (including the content of such Site) through Us is collectively referred to as "the Service(s)."
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SERVICES OR OTHERWISE ACCESS THE SITE.
You may use Our Site for legal purposes only. Your rights to use this Site may be further limited by federal law or the laws or regulations in Your particular state or locality.
Your Acceptance of the Terms
and Conditions
The Terms constitute a legal agreement between You, as a visitor to the Site,
and Us. Any information provided by You is also subject to Our
Privacy Policy, which is incorporated by reference into the Terms. By using
the Services, You acknowledge and agree that You have read and agree to the
terms in Our Privacy Policy. Additional terms
and conditions of use may also be posted directly on other areas of the Site,
and together with the Terms, as amended from time to time, are collectively
referred to as the "Agreement." We reserve the right to modify any
or all of this Agreement at any time, and such change will be effective immediately
upon its publication on Our Site. You agree to be bound by the terms and conditions
of this Agreement, and any modifications thereof, as long as You continue to
access and use the Services. Because of the possibility that the Agreement could
change between visits, You also agree to check the Terms of the Agreement each
time You return. Your continued access to or use of Our Site Content (defined
below) shall be deemed Your conclusive acceptance of modifications to this agreement.
The Rights We Grant to You,
the Site Visitor
The contents of this website, such as text, graphics, images, video and other
content (the "Site Material"), are protected by copyright under both
United States and foreign laws. We authorize You, non-exclusively and non-transferably,
to view and download a single copy of the Site Material for Your personal use.
This authorization is not a transfer of title in the Site Content or copies
of the Site Content. Unauthorized use of the Site Material violates copyright,
trademark, and other laws. You agree to retain all copyright and other proprietary
notices contained in the original Site Material on any copy You make of such
material. You may not sell or modify Our Site Material or reproduce, display,
distribute, or otherwise use the Site Material in any way for any public or
commercial purpose. The names, marks and logos included in the Site Material
are, unless otherwise noted, registered and/or common law trademarks owned by
or licensed to Us. Marks not belonging to Us belong to their respective third
party owners and We claim no rights in them. The use of these marks or the Site
Material, except as provided in these Terms and Conditions, is prohibited.
We Welcome Your Comments
We welcome Your comments on Our website and services at webmaster@empirebedding.com..
You acknowledge, however, that if You send Us comments, praise, creative suggestions,
ideas, notes, drawings, concepts, inventions or other information (collectively,
but excluding personally-identifying information about You, the "Information"),
You grant to Us a non-exclusive, perpetual, royalty-free, freely transferable
license to use, practice, exploit, modify and sublicense such Information for
any purpose whatsoever, commercial or otherwise, throughout the universe. Please
note that any communication or other materials that You transmit to Us over
the Internet is considered to be, and will be treated as, non-confidential,
unless the Web page through which information is submitted expressly states
otherwise. For more information about confidentiality and privacy issues, please
read Our privacy statement, below, and Our Privacy
Policy.
Site Content
You acknowledge that the Service contains "Site Content," which collectively
refers to any of the following owned by Us: any text, graphics, images, information,
software, audio and video clips, links, logos, icons, and other material, including
but not limited to proprietary and confidential information, copyrights, patents,
trade secrets, trade dress, service marks and trademarks, including the Marks
(as defined below). Any Site Content owned by Us is referred to herein as "Our
Site Material." Our Site Material may include technical inaccuracies or
typographical errors. We reserve the right to make changes and updates to any
information contained on Our Site without prior notice.
Rights to the Site Content
All Site Content, in whole or in part, is protected by all applicable copyright
laws, international conventions or treaties, and any other intellectual property
or proprietary laws, and, unless in the public domain, or unless otherwise stated,
is owned by Us, whether or not such rights are expressly identified in, or in
connection with, such Site Content.
You understand and agree that You may not remove, alter or cover any copyright or other proprietary notices placed on Our Site. No other license to use any of the Site Content is given or implied without Our prior written consent. You may not transfer the Site Content to any other person unless You give him or her notice of, and s/he agrees to accept, the obligations arising under these Terms. You agree that You will not refer to or attribute any information to Us in any public medium (regardless of form) for advertising, public relations, marketing or other purpose (including informing or influencing any third party).
Unless otherwise specified hereunder, You may not sell, rent, modify, reproduce, display, distribute, redistribute, republicize, retransmit, participate in the transfer or sale, create derivative works, or in any way exploit or otherwise use the Site Content, in whole or in part, in any way without Our prior written consent.
The names, marks, logos and/or text appearing on the Site Content ("Marks") are registered and unregistered trademarks owned by Us and protected under all applicable laws. Unless otherwise specified hereunder, such Marks may not be used in any way that is not expressly authorized by Us, in any manner that is likely to cause confusion among the public about Us or Our business, or in any manner that disparages or discredits Us.
You agree that You will not copy or reproduce any Mark of Ours to imply an endorsement by or relationship with Us.
User Rules and User Information
As a user of the Service, You agree to carefully read and abide by the Agreement,
including any user rules of conduct as specified below. You must be over 18
to access and use Our Site and Services. If You are over 18, You agree to take
full and active responsibility to prevent the use of Our Site and Services by
any children under 18 You may be responsible for as a parent or legal guardian.
If You are under 18, You may not access and use the Site and Services without
Your parent's or legal guardian's supervision.
We do not want You to, and You should not, send any confidential or proprietary information to Us via Our Site. You acknowledge and agree that transmissions and communications to and from the Site, including transmission of any User Information (defined below), are not confidential, and may be read or intercepted by others. You also acknowledge that if You transmit any communication to Our Site You are solely responsible for its accuracy and completeness. By engaging in any form of communication via the Site (collectively referred to as "User Information"), You give Us an irrevocable, unrestricted, worldwide, royalty-free license to use such User Information through the Service in any way, unless otherwise specified in the Agreement. All User Information is governed by Our Privacy Policy. Should You provide Us with information, including but not limited to feedback, data, answers, questions, comments, suggestions, plans, ideas or the like, such information shall be deemed to be nonconfidential and We assume no obligation to protect such information from disclosure, except insofar as provided for in Our Privacy Policy. The submission of such information to Us shall in no way prevent the purchase, manufacture or use of similar products, services, plans and ideas by Us for any purpose whatever and We shall be free to reproduce, use, disclose and distribute the information to others without restriction. We shall be free to use the content of any such communications, including any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose including developing, manufacturing and/or marketing goods or services. Unless otherwise specified, You waive all rights to any claim against Us for any alleged or actual infringements of any proprietary rights, intellectual property rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such User Information. We disclaim any liability for disclosure of User Information as a result of errors in transmission by third parties or unauthorized acts of third parties.
Improper Use of Our Site
You agree that You will not use Our Site to transmit or distribute, or cause
to be transmitted or distributed, any material that (1) violates any local,
state, national or international laws; (2) violates the proprietary rights,
intellectual property rights (including without limitation copyright and trademark
rights), rights of privacy or publicity, moral rights, rights of attribution,
or any other related rights of others; (3) is intended to advertise or solicit
business including but not limited to any multi-level marketing scheme; (4)
purports to be provided by another person; (5) is obscene, harassing, threatening,
defamatory, libelous, or abusive; or (6) is a chain letter or part of a pyramid
scheme. You agree not to impersonate any person or entity or otherwise misrepresent
Your affiliation with a person or entity. You agree not to "stalk"
or otherwise harass another or store personal data about other users, including
Our employees. You may not introduce any material into Our Site that contains
any viruses, Trojan horses, worms, time bombs, malware, or other computer programming
routines that may damage, interfere with, or appropriate Our Site or any information
residing on Our Site. We reserve the right to delete any information You send
to Our Site that We in Our sole discretion determine to be inaccurate, violative
of law or otherwise violative of Our policies. If You use, or attempt to use,
Our Site or its Content for improper purposes including without limitation tampering,
hacking, modifying, or otherwise corrupting the security of Our Site, You will
be responsible for all damages including, but not limited to, criminal prosecution
and civil and criminal penalties.
Digital Millenium Copyright
Act Notice
We respect the rights of copyright owners and expect You to comply with U.S.
copyright law. We have procedures in place to protect the rights of copyright
owners in the event of alleged infringement, in accordance with the Digital
Millenium Copyright Act ("DMCA"). If You believe that Your copyright
is being infringed by any material viewed on this website, please send a notice,
in accordance with the DMCA, to Our designated agent: webmaster@empirebedding.com..
We reserve the right to expel users and prevent their further access to this website for violating these terms or the law and reserve the right to remove any communications from this Site.
Disclaimer of Warranties
Although We strive for accuracy in all elements of the Site Material, it may
contain inaccuracies or typographical errors. We make no representations about
the accuracy, reliability, completeness, or timeliness of the material on this
website or about the results to be obtained from using Our Site. You use Our
Site and its material at Your own risk.
WE DO NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MATERIAL. IF YOUR USE OF THE WEB SITE OR THE SITE'S MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS. THIS WEB SITE AND ITS MATERIAL ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE AND OUR AFFILIATES, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTY OF MERCHANTABILITY, OF NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND OF FITNESS FOR A PARTICULAR PURPOSE. WE AND OUR AFFILIATES MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS ON THIS WEB SITE.
Limitation of Liability
IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT
LIMITATION, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS, OR
DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE
USE OR INABILITY TO USE MATERIAL ON THIS WEB SITE OR SITES LINKED TO THIS WEB
SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY,
AND WHETHER OR NOT WE ARE AND/OR ANY AFFILIATE IS ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
Links
This website contains links to websites owned by third parties ("Third
Party Sites"). Should You utilize these links, You will leave Our 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. You also agree that We are not responsible or
liable for any direct or indirect damage or loss caused, or alleged to be caused,
by or in connection with the use of or reliance on any such content, products
or services. These links are provided solely as a convenience to You and are
not an endorsement by Us of the contents on those other sites, which content
may change at any time without notice to Us. We are not responsible for the
content of any linked sites and make no representations regarding the content
or accuracy of materials on such sites, nor do We make any representations regarding
the privacy practices of such sites. If You are concerned about the privacy
practices of an outside site, please consult its Privacy Policy. We are not
responsible or liable for applications, admissions, hiring and employment practices
and access to services, programs, institutions and services of such Third Party
Sites. We are not responsible for any misuse of intellectual property found
on those sites.
Our Management of Site Content
We reserve the right, in Our sole discretion, to establish practices regarding
a visitor's use of the Service and storage of any Site Content posted on the
Site. We have no responsibility or liability for the deletion or failure to
store any Site Content and any other communications maintained or transmitted
through the Service.
We may preserve, disclose or review any communications if required to do so by law or in a good faith belief that such action is reasonably necessary to comply with any legal process, enforce the Agreement, respond to any claim regarding the violation of any third parties, or protect the rights, property or personal safety of Us or any visitors to Our Site.
Indemnification
By using this Site, You agree to indemnify, defend and hold harmless Us and
all of Our officers, directors, agents, employees, contractors, and information
and service providers ("Indemnified Parties") from any claim, demand,
losses, damages, costs, and/or expenses including reasonable attorney's fees,
accounting fees, and related costs, including court costs, attributable to or
arising from Your posting of or communicating User Information through the Service,
Your use of the Service, Your use of the Site Content, Your conduct through
the Service, Your violation of these Terms, and/or Your violation of any other
rights related to the Service. We reserve the right to assume or participate,
at Your expense, in the investigation, settlement and defense of any such action
or claim.
Termination of or Change
in Service
We may immediately, at any time and in Our sole discretion, (1) terminate or
limit Your use of or access to the Service, or any part thereof, or (2) remove
and discard any Site Content within the Service, for any reason, including without
limitation, Your lack of use, Your breach of any terms and conditions hereunder,
or if We believe You have violated or acted inconsistently with the letter or
spirit of the Agreement. We may change, suspend or discontinue any aspect of
the Site or Service, or any part thereof, or impose any limits on any feature
or service, including the availability of any Site feature, database, or Site
Content for any reason, at any time, and without notice. You agree that We will
not be liable in any way to You or to any third party for any actions We take
as described herein or otherwise.
One Year Limit
You agree that regardless of any contrary statute or law, any claim or cause
of action arising out of or related to use of the Service or these Terms, or
alleged to arise out of or to be related to use of the Service or these Terms,
must be filed within one (1) year after such claim or cause of action arose,
or be forever barred.
Survival of Certain Provisions
The termination of these Terms for any reason will not terminate the obligations
or liabilities of the parties under these Terms regarding warranties, liabilities,
proprietary rights and all others that by their sense and context are intended
to survive the execution, delivery, performance, termination and expiration
of the Agreement.
EMail
Our Site provides a customer service email functionality. This functionality
is for business purposes only; do not disclose any personal information about
Yourself, other than that necessary for us to answer your inquiry. Please read
our Privacy Policy before using our email
functionality.
Location
This Site originates from Staten Island, NY. We make no representations that
the information on Our Site is appropriate or available for use in any location
outside of the United States. Access to the Site from other territories is strictly
prohibited if such access is illegal in such jurisdiction. You agree that Your
decision to access Our Site is done solely on Your own initiative, and that
You are solely responsible for complying with any applicable laws regarding
such access.
International Users
We make no representation that Our Site Content is appropriate or available
for use in any jurisdictions or countries other than the United States. You
may not use Our Site or export Site Content in violation of U. S. export laws
and regulations. Given the global nature of the Internet, You agree to comply
with all local rules (from where You physically reside) regarding Internet conduct
and content. You also agree to comply with all applicable laws regarding the
transmission of technical data exported from the United States or the country
in which You physically reside.
Miscellaneous Terms
This Agreement constitutes the entire agreement between You and Us, and supersedes
any prior agreements between You and Us. If any provision under this Agreement
is held by a court of competent jurisdiction to be invalid or unenforceable
for any reason, the remaining provisions will continue in full force without
being impaired or invalidated in any way. Our failure to exercise or enforce
any right or provision of this Agreement will not constitute a waiver of such
right or provision. We may assign Our rights and obligations under this Agreement
at any time and without notice to You. The section headings used in this Agreement
are for convenience only and have no legal effect.
All employment-related information on this website is subject to modification or elimination at Our sole discretion. Nothing on this site creates an express or implied contract of employment.
© 2005-2011 Empire Bedding.com (terms of service)