TERMS OF USE

O Mattress™ is a program of Omni Furniture™ (hereinafter referred to as “O Mattress™ “). “O Mattress™ sells beds and mattress products, collecting payment information from the customer, and arranging for the delivery of the bed and mattress products to the customer. The customer receives the bed and mattress products when it is delivered to their designated delivery address. The products are sold to the customer for their personal use, and not for commercial use, and on an “as is” and “as available” basis.

O Mattress™ (also referred to as “we” or “us“) provides this and other websites including applications and other online services that are accessible through various desktop, tablet and mobile web browsers from time to time (collectively referred to as the “Sites”), subject to your compliance with these Terms of Use.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITES.

These Terms of Use constitute an agreement between O Mattress™ and you for your own personal use. We recommend that you print out a copy of these Terms of Use for your records. By using the Sites, you affirm that you are able and legally competent to agree to and comply with these Terms of Use. If you do not agree to these Terms of Use or if you are not legally competent to agree to them, then you may not use the Sites.

Please note that these Terms of Use contain provisions that govern the resolution of claims between O Mattress™ and you. THE AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES.
Please see the Indemnity, Disclaimer of Warranties, Limitation of Liability and Legal Disputes sections for complete details.

Privacy and Security

Please review our Privacy Statement, which is incorporated into these Terms of Use and also governs your use of the Sites. To the extent there is a conflict between the Privacy Statement and the Terms of Use, the Terms of Use govern. Information security is important to us. We have established appropriate physical, electronic and managerial safeguards to protect the information that we collect from or about our users. O Mattress™ does, however, reserve the right at all times to disclose any information as O Mattress™ deems necessary to satisfy any applicable law or regulation, legal process or request, and administrative or governmental request.

Changes

O Mattress™ reserves the right, at any time, to change these Terms of Use, the Privacy Statement and the Sites. Your use of the Sites following the date of any such change constitutes your agreement to follow and be bound by the revised Terms of Use and the revised Privacy Statement. The revised Terms of Use and Privacy Statement supersede all previous versions, notices or statements concerning use of the Sites.

Intellectual Property Rights
The Sites contain valuable trademarks (TM) and service marks (SM) owned and used by O Mattress™ (collectively, the “Marks”). Notice of the Marks is provided by prominently posting O Mattress™ throughout the Sites.

Any use of the Marks without the prior written permission of O Mattress™ is strictly prohibited. The arrangement and layout of the Sites, including but not limited to, the Marks, images, text, graphics, buttons, screenshots, music, digitally downloadable files, software, applications, and other content or material (collectively, the Site Content), are the sole and exclusive property of O Mattress™.

UNAUTHORIZED COPYING, REPRODUCTION, MODIFYING, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, MAKING DERIVATIVE WORKS OF OR DUPLICATING ALL OR ANY PART OF THE SITES IS PROHIBITED.

O O Mattress™ uses a network of independent third party manufacturers, shippers, product and content suppliers, distributors, software developers, software support services, advertisers and marketers, and other third parties to supply the products, software, services and some of the content advertised on the Sites. All other trademarks, service marks, product names, package designs and company names or logos associated with these product and content suppliers, distributors and other such third parties that are not owned by O Mattress™ but appear on the Sites are the property of their respective owners.

User Generated Content
From time to time, the Sites may permit the submission of content, such as comments, blogs and product reviews, generated by you and other users (the “User Content”).

You are solely responsible for your own User Content and the consequences of posting or publishing it. Any User Content or other material, information or ideas that you submit to or post or publish on the Sites is non-confidential and non-proprietary.

By submitting User Content, you represent and warrant to O Mattress™ that: (i) your User Content does not violate Marks or any copyright, trademark, trade secret, patent or other intellectual property right, any right of privacy or publicity of any third party or any applicable law, rule or regulation, (ii) you own or have the legal right to use and authorize O Mattress™ to use your User Content, including written consent to use of any product or the name, voice, likeness or any other applicable personal rights of each identifiable person featured or referenced in your User Content, and (iii) your User Content does not violate the O Mattress™ Acceptable Use Policy set forth below.

As between you and O Mattress™, you will retain all of your ownership rights in and to your User Content. By submitting User Content to O Mattress™ , you grant to O Mattress™ a perpetual, worldwide, non-exclusive, irrevocable, royalty-free, sub-licensable (through multiple tiers) and transferable right and license to use, reproduce, distribute, edit, modify, translate, reformat, prepare derivative works based upon, display publicly, perform publicly and otherwise exploit (including but not limited to over the Internet, broadcast television or any other uses or media) your User Content, in whole or in part, including future rights that O Mattress™ (or its affiliate, subsidiary, partner, successor or nominee) may otherwise become entitled to that do not yet exist, as well as new uses, media, means and forms of exploitation throughout the universe exploiting current or future technology yet to be developed to the maximum extent permitted by applicable law. You also grant each user of the Sites a non-exclusive license to access your User Content through the Site; and to use, access, watch, reproduce, distribute, transmit, forward, display and perform the User Content in whole or in part, to the extent permitted by the Sites under these Terms of Use.

O Mattress™ does not endorse any User Content or any opinion, recommendation, or advice expressed. O Mattress™ reserves the right to but is not obligated to monitor User Content or other content sent to or through the Sites. O Mattress™ has the right to refuse, abbreviate, modify, remove or delete any User Content or to terminate any user’s access to the Sites if Omni determines, in its sole and absolute discretion, that such User Content or user violates or has violated these Terms of Use. O Mattress™ takes no responsibility for and expressly disclaims any and all liability in connection with User Content.

Acceptable Use Policy
By submitting User Content and otherwise using the Sites, you agree not to: (i) submit any User Content that is protected by or otherwise subject to any third party intellectual property or proprietary rights (including any privacy and publicity rights) unless you own or have permission from the rightful owner of such rights to post such User Content and unless you grant O Mattress™ all of these rights; (ii) upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful or racially, ethnically or otherwise objectionable; (iii) use the Sites to harm or threaten to hard any person or entity, including any user, any child under the age of 13 (thirteen) years, or O Mattress™; (iv) impersonate any person or entity, including but not limited to, a representative of O Mattress™, or falsely state or otherwise misrepresent your affiliation with a person or entity; (v) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted to or through the Sites; (vi) upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail or any other form of solicitation; (vii) upload, post, e-mail or otherwise transmit any content that contains computer viruses, malware, or other computer code, files or programs that interrupt, destroy or limit the functionality of the Sites or any other computer software, hardware or telecommunications equipment; (viii) intentionally or unintentionally violate any applicable local, state, national or international laws, rules or regulations, including but not limited to those promulgated by the U.S. Federal Trade Commission, U.S. Securities and Exchange Commission; (ix) provide material support or resources (or conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization designated by the U.S. government as a foreign terrorist organization pursuant to Section 219 of the Immigration and Nationality Act; (x) collect, store or use personal information about other users of the Sites without their consent; (xi) use the Sites (including through submission of User Content) to disparage or make unsubstantiated claims about any person, third party or their products or services; (xii) use any of the Sites in any manner that could overburden or impair any of the Sites or the software or Internet networks or systems connected to the Sites; or (xiii) use any device, software or instrumentality to interfere with the proper working of the Sites or disobey any requirements, procedures, policies or regulations of networks connected to the Sites.

You also agree that you will not violate or attempt to violate the security of the Sites. Violations of the Sites, the Internet or web systems or network security may result in civil or criminal liability. O Mattress™ reserves the right to investigate occurrences which may involve such violations and will cooperate with, law enforcement authorities in prosecuting users who have participated in violations.

Order Acceptance
O Mattress™ is a program of Omni Furniture™ (hereinafter referred to as "O Mattress™"). "O Mattress™" sells beds and mattress products, collecting payment information from the customer, and arranging for the delivery of the bed and mattress products to the customer. The customer receives the products when they are delivered to their designated delivery address. The products are sold to the customer for their personal use, and not for commercial use, and on an "as is" and "as available" basis. In order to purchase the bed and mattress products, the customer agrees to pay either the entire price or the installment payment price indicated in the product page, checkout page, or order, as the case may be. The receipt of an order number for the products, or an email order confirmation, does not constitute the acceptance of an order or a confirmation of an offer by O Mattress™ to sell the products at that price. O Mattress™ reserves the right, without prior notification, to limit the order quantity on any item or to refuse service to any customer. Verification of information may be required prior to the acceptance of an order. O Mattress™ makes every effort to accurately display colors of products appearing on the Sites. However, because the colors you see directly depend on your monitor settings, O Mattress™ cannot guarantee that your monitor will accurately display the colors of products on the Sites.

PRICES AND AVAILABILITY OF PRODUCTS ON THE SITES ARE SUBJECT TO CHANGE BY OMNI WITHOUT NOTICE.

Errors will be corrected if and as when discovered and at our sole discretion. O Mattress™ reserves the right to revoke any stated offer and to correct any error, inaccuracy, or omission, including after an order has been submitted.

Certain orders may constitute improper use of the Sites and the O Mattress™ Rewards Program. O Mattress™ reserves the right, at its sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at the sole discretion of O Mattress™. It is expressly agreed that time is not of the essence with order acceptance or order implementation, including the preparation of an order by the manufacturer, and the shipping of that order by the shipper.

About O Mattress™ Prices
Where a product listing on the Sites references a higher price, the higher price may represent the retail price suggested by the manufacturer or distributor. In the absence of a price suggested by the manufacturer or distributor, this price represents the highest price at which we offered or sold the product at some point in the past. The Sale tag on a product listing on the Sites signifies that we are selling the product at a discount from a previous price.

O Mattress™ Rewards Program
The O Mattress™ Rewards Program (“Rewards Program”), as and when available, is exclusively for users of the Sites who have registered for the Rewards Program in accordance with the directions set forth below and on the Sites. Rewards Dollars may be applied to future purchases at the Participating Sites in accordance with these Reward Dollars Terms of Use. This program may change from time to time, and all revised terms are incorporated in the Terms of Use.

Links to Other Websites
The Sites may contain links to software, services and information on third party websites that are not under O Mattress™ ownership or control (the “Other Sites”). O Mattress™ makes no claim and accepts no responsibility regarding the quality, nature or reliability of the Other Sites that are accessible by any means, including hyperlinks from the Sites or hyperlinks to the Sites. O Mattress™ provides these links to you and the inclusion of any link does not imply endorsement by O Mattress™ of Other Sites, or any association or relationship with the operators of such Other Sites. You are responsible for viewing and abiding by the privacy statements and terms of use posted at any third party Other Sites.

Mobile Devices and Mobile Applications
If you use a mobile device to access pages of the Sites optimized for viewing via a mobile device, opt in to receive SMS messages from O Mattress™, as and when available, or are using a mobile application, the following additional terms and conditions (“Mobile Terms“) also apply to you.

Your access to the Sites via your mobile device or use of a mobile application confirms your agreement to these Mobile Terms, as well as the rest of the Terms of Use. You agree that you are solely responsible for all message and data charges that apply to use of your mobile device to access the Sites or use of a mobile application. All such charges are billed by and payable to your mobile service provider. You understand that wireless access through Wi-Fi or a participating mobile service provider may not be available in all areas at all times and may be affected by product, software, coverage or other service changes made by your mobile service provider or otherwise.

Additional terms and conditions may apply to your use of a mobile application, based on the type of mobile device on which you install and use the mobile application.

Notice to California Residents
California Proposition 65 requires that special warnings be provided when products contain chemicals known by the State of California to cause cancer, birth defects, or other reproductive harm if the use of those products may cause exposure to those chemicals above specific limits. These warnings relate to some but not all tools, lead crystal glassware, ceramic tableware, tiffany style lamps, and electrical cords. Pursuant to California Civil Code Section 1789.3, Omni provides users of the Sites with the following notice: You may report complaints to the Consumer Information Division of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at 800-952-5210.

Communications
For all communications made to or with O Mattress™ including but not limited to feedback, questions, comments and suggestions: (i) you will have no right to confidentiality in your communications and O Mattress™ will have no obligation to protect your communications from disclosure; (ii) O Mattress™ will be free to reproduce, use, disclose and distribute your communications to others without limitation; and (iii) O Mattress™ will be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information. Please see the Privacy Statement for further information.

Indemnity for Site
You agree to indemnify and hold O Mattress™ and its affiliates, subsidiaries, distributors, officers, stockholders, employees, agents, partners and licensors harmless from any claim or demand, including reasonable attorney fees, made by any third party due to or arising out of (i) your use of the Sites, including any User Content you submit, post to or transmit through the Sites, (ii) your violation of these Terms of Use or (iii) your violation of any rights of another user.

Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE SITES AND ANY SOFTWARE, SERVICES AND INFORMATION CONTAINED ON THE SITES AND ON PRODUCT PAGES IS AT YOUR SOLE RISK.

INFORMATION ON THE SITES MAY CONTAIN TYPOGRAPHICAL ERRORS, INACCURACIES AND OMISSION. O MATTRESS™ RESERVES THE RIGHT TO CORRECT ERRORS, INACCURACIES AND OMISSIONS AND TO CHANGE AND UPDATE SOFTWARE, SERVICES AND INFORMATION WITHOUT PRIOR NOTICE, INCLUDING ERRORS, INACCURACIES AND OMISSIONS RELATED TO PRODUCT DESCRIPTIONS, PRICING AND AVAILABILITY FOUND ON THE SITES.

O MATTRESS™ MAKES EVERY EFFORT TO ACCURATELY DISPLAY COLOURS OF PRODUCTS APPEARING ON THE SITES. HOWEVER BECAUSE THE COLOURS YOU SEE DEPEND ON YOUR MONITOR SETTINGS, O MATTRESS™ CAN NOT ENSURE THAT YOUR MONITOR WILL ACCURATELY DISPLAY THE COLOURS OF ITEMS ON THE SITES.

THE PRODUCTS ON THE SITES ARE INTENDED FOR PERSONAL, NOT COMMERCIAL USE, UNLESS OTHERWISE INDICATED. AS SUCH, YOU ASSUME THE RISK WHEN PURCHASING PRODUCTS FOR A COMMERCIAL OR BUSINESS USE OR APPLICATION.

YOUR USE OF THE SERVICES AND PRODUCTS ON THE SITES IS AT YOUR SOLE RISK. UNLESS OTHERWISE EXPRESSLY SPECIFIED IN WRITING, THE SOFTWARE, THE SERVICES AND PRODUCTS LISTED, POSTED OR SOLD ON THE SITES ARE PROVIDED ON “AS IS’ AND “AS AVAILABLE” BASIS. UNLESS OTHERWISE EXPRESSLY SPECIFIED IN WRITING, O MATTRESS™ AND ITS AFFILIATES, SUBSIDIARIES, SUCCESSORS, DISTRIBUTORS, OFFICERS, STOCKHOLDERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND,WHETHER EXPRESS OR IMPLIED, INCLUDING AND BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.

UNLESS OTHERWISE SPECIFIED IN WRITING, O MATTRESS™ AND ITS AFFILIATES, SUBSIDIARIES, SUCCESSORS, DISTRIBUTORS, OFFICERS, STOCKHOLDERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENCORS MAKE NO WARRANTY THAT (i) THE SOFTWARE, SERVICES OR OTHER INFORMATION OR PRODUCTS PURCHASED OR OBTAINED BY YOU FROM OR ON THE SITES WILL MEET YOUR REQUIREMENTS, WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR WILL BE ACCURATE OR RELIABLE; (ii) THE QUALITY OF SOFTWARE, SERVICES OR OTHER INFORMATION OR PRODUCTS PURCHASED OR OBTAINED BY YOU FROM THE SITES WILL MEET YOUR EXPECTATIONS; AND (iii) ANY ERRORS IN THE SERVICES OR ON SITES (INCLUDING SOFTWARE AND SOFTWARE APPLICATIONS) WILL BE CORRECTED.

ANY MATERIALS OR PRODUCTS UPLOADED, TRANSMITTED, ACCESSED, PURCHASED, OR DOWNLOADED FROM SITES (INCLUDING FROM OR ON THE SITES), INCLUDING BUT NOT LIMITED TO CONTENT, FILES OR SOFTWARE, OR INFORMATION OR PRODUCTS OTHERWISE OBTAINED THROUGH THE USE SITES IS PURCHASED, USED, OR ACCESSED AT YOUR OWN SOLE DISCRETION AND RISK; AND O MATTRESS™ AND ITS AFFILIATES, SUBSIDIARIES, SUCCESSORS, DISTRIBUTORS, OFFICERS, STOCKHOLDERS, EMPLOYEES, AGENTS, PARTNERS AND LICENCORS EXPRESSLY DISCLAIM ANY AND ALL LIABILITY FOR DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES TO ANY COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM USE OF SERVICES AND SITES, OR UPLOAD, POSTING, TRANSMITTAL, PURCHASE, OR DOWNLOAD OF CONTENT, FILES, SOFTWARE, OR OTHER MATERIAL OR PRODUCTS OBTAINED THROUGH USE OF THE SERVICES OR SITES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM O MATTRESS™ OR AND ITS AFFILIATES, SUBSIDIARIES, SUCCESSORS, DISTRIBUTORS, OFFICERS, STOCKHOLDERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENCORS; OR THROUGH OR FROM THE SOFTWARE, SERVICES OR SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE OMNI TERMS OF USE.

A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SOFTWARE, SERVICES OR SITES. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY OR FRIENDS OR ACQUAINTANCES, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICAL PRIOR TO USING THE SERVICES OR SITES. IMMEDIATELY DISCONTINUE THE USE OF SERVICES AND SITES IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICES AND SITES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT OR CONVULSIONS.

Some jurisdictions do not allow the disclaimer of warranties so any or all of the above disclaimers may not apply to you.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT O MATTRESS™ AND ITS AFFILIATES, SUBSIDIARIES, SUCCESSORS, DISTRIBUTORS, OFFICERS, STOCKHOLDERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENCORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF O MATTRESS™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM (i) THE USE OR THE INABILITY TO USE THE SOFTWARE, SERVICES OR SITES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, SOFTWARE OR SERVICES PURCHASED OR OBTAINED OR RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES AND SITES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (iv) ANY OTHER MATTER RELATING TO THE SOFTWARE, SERVICES OR SITES.

IN NO EVENT WILL O MATTRESS™ AND ITS AFFILIATES, SUCCESSORS, SUBSIDIARIES, DISTRIBUTORS, OFFICERS, STOCKHOLDERS, EMPLOYEES, AGENTS, PARTNERS, LICENCORS, OR THIRD PARTIES PROVIDING INFORMATION ON SERVICES OR SITES OR VIA OTHER CHANNELS, INCLUDING BUT NOT LIMITED TO PHONE AND EMAIL, BE LIABLE TO ANY USER OF THE SITES OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITES OR ANY SOFTWARE, SERVICES OR INFORMATION, INCLUDING USER CONTENT, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF OMNI HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

You acknowledge that the preceding limitation on liability will apply to all content, merchandise, software and services available through the Sites, product pages, checkout, or any other channels. Because some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for consequential or incidental damages, according in such jurisdictions some of the limitations on liability may not apply to you, but liability in those jurisdictions is limited to the fullest extent permitted by law.

Regardless of the previous paragraphs, if O Mattress™ is found to be liable, our liability to you or to any third party is limited to the greater of (i) the amount in dispute not to exceed the total amount which you paid to us, or (ii) $100 (one hundred) US.

Legal Disputes
YOU AND OMNI AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.

Any dispute or claim between you and O Mattress™ and its employees, officers, directors, principals, successors, assigns, subsidiaries, affiliates, agents, distributors, stockholders and partners (collectively for purposes of this section, O Mattress™) arising from or relating to these Terms of Use and their interpretation or the breach, termination or validity thereof, the relationships which result from these Terms of Use, including disputes about the existence, validity, scope or enforceability of this arbitration provision (collectively, Covered Disputes) will be settled solely and exclusively by binding arbitration consistent with the Consumer Arbitration rules of the American Arbitration Association. The parties waive the right to join or consolidate this claim and other claims in arbitration; and waive the right to proceed in any class actions with regard to any dispute or claims related to this Terms of Use before any courts anywhere. The parties agree that the governing law of the arbitration and any matters arising under the Terms of Use or any other matters for O Mattress™ is the law of the State of Delaware, with the Courts of the State of Delaware being the only forum and having exclusive jurisdiction to hear and resolve the limited matters described here. The parties agree to binding arbitration in order to effect efficient and speedy dispute resolution.

Prior to initiating any arbitration, the initiating party will give the other party at least 60 (sixty) days advanced written notice of its intent to file for arbitration. O Mattress™ will provide such notice by e-mail to your e-mail address on file and you must provide such notice by e-mail to Legal, O Mattress™ by our mailing address in Delaware. During the 60 (sixty) day notice period, the parties will endeavor to settle amicably by mutual discussions any Covered Disputes. Failing such amicable settlement and expiration of the notice period, either party may initiate arbitration, with each party jointly appointing the arbitrator and being responsible for their own expert, legal and arbitration costs. The arbitrator will have the power to grant whatever relief would be available in court under law or in equity, and any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. The arbitrator has the sole authority to determine whether the arbitration clause is enforceable, and whether the dispute or claim falls within the scope of the arbitration clause. The arbitrator will not have the power to award punitive or exemplary damages, the right to which each party hereby waives. The arbitrator will apply applicable law and the provisions of these Terms of Use, and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review. O Mattress™ and you agree that any Covered Dispute will be submitted to arbitration on an individual basis only. Neither O Mattress™ nor you are entitled to arbitrate any Covered Dispute as a class, representative or private attorney action, and the arbitrator will have no authority to proceed on a class, representative or private attorney general basis. If any provision of the agreement to arbitrate in this section is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced. In no case will there be a class, representative or private attorney general arbitration. Regardless of any statute or law to the contrary, notice on any claim arising from or related to these Terms of Use must be made within 1 (one) year after such claim arose or be forever barred. For purposes of this section, these Terms of Use and related transactions will be subject to and governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA).

Termination
Your ability to access and use the Sites remains in effect until terminated in accordance with these Terms of Use. You agree that O Mattress™, in its sole discretion, may terminate your account and your use of the Sites and may abbreviate, modify, alter, remove and delete your User Content if O Mattress™ believes that you have violated or acted inconsistently with these Terms of Use or for any other reason. O Mattress™ also may in its sole discretion and at any time discontinue providing the Sites, or any part thereof, with or without notice. You agree that any termination of your access to the Sites may be effected without prior notice and you acknowledge and agree that O Mattress™ may bar any further access to the Sites. Further, you agree that O Mattress™ will not be liable to you or any third-party for any termination of access to the Sites. You may terminate your account by sending an email to O Mattress™ at Customer Service, with the subject line “Termination Request”.

The provisions of the Intellectual Property Rights, User Generated Content, Acceptable Use Policy, Disclaimer of Warranties, Indemnity, Limitation of Liability, and Legal Dispute sections, together with and any other rights and obligations which by their nature are reasonably intended to survive such termination, will survive any termination of these Terms of Use.

Right to Access
YOU MUST BE AT LEAST AGE 13 (THIRTEEN) TO USE THE SITES. By using the Sites, you affirm that you are over age 13 (thirteen) years. If you are under age 13 (thirteen), you may not access or use the Sites. IF YOU ARE A PARENT OR GUARDIAN THAT PROVIDES CONSENT TO YOUR TEENAGER’S REGISTRATION WITH AND USE OF THE SITES, YOU AGREE TO BE BOUND BY THESE TERMS IN RESPECT OF SUCH TEENAGER’S USE OF THE SITES.

Outages
O Mattress™ periodically schedules system downtime for the Sites for maintenance and other purposes. Unplanned system outages also may occur. You agree that Omni has no responsibility and is not liable for: (a) the unavailability of any of the Sites; (b) any loss of data, information or materials caused by such system outages; (c) the resultant delay, mis-delivery or non-delivery of data, information or materials caused by such system outages; or (d) any outages caused by any third parties, including without limitation any companies or servers hosting any of the Sites, any Internet service providers or otherwise.

Jurisdictional Issues
The Sites are operated by O Mattress™ and are intended for users who reside in the contiguous United States of America, which excludes Alaska, Hawaii, Puerto Rico and the US territories. O Mattress™ makes no representations or warranties that the Sites or any materials contained in them are valid, appropriate or available for use outside of the United States. O Mattress™ reserves the right to limit the availability of the Sites or the provision of any service, program or other product described thereon to any person, geographic area or jurisdiction, at any time and in our sole discretion.

General Information
No waiver of any provision or any breach of this Agreement will constitute a waiver of any other provisions or any other or further breach. In the event that any provision of this Agreement will be illegal or otherwise unenforceable, such provision will be severed, and the balance of the Agreement will continue in full force and effect. These Terms of Use set forth the entire Agreement between you and O Mattress™ with respect to use of the Sites and supersede any prior agreements between you and Omni. The Terms of Use are not assignable, transferable or sub-licensable by you except with O Mattress™ prior written consent. No waiver by either Party of any breach or default here-under will be deemed to be a waiver of any preceding or subsequent breach or default. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Use. Any heading, caption or section title contained herein is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. Performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of O Mattress™ right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Sites or information provided to or gathered by O Mattress™ with respect to such use. The Parties agree that all correspondence relating to these Terms of Use must be written in the English language.

Omni’s Copyright Policy
All content on the Sites is subject to copyright by O Mattress™ (Copyright Policy). This Copyright Policy describes O Mattress™ policy of prohibiting any information or materials that violate another party’s intellectual property rights from appearing on their websites and their related domains. The Digital Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for a copyright owner who believes that material appearing on the Internet infringes rights under U.S. copyright law. Omni complies with the DMCA by responding to notices and counter-notices that meet the DMCA requirements. Any communications concerning the Copyright Policy should be provided by e-mail to Legal and to O Mattress™ mailing address in Delaware.

O Mattress™ Rewards Program Terms
The O Mattress™ Rewards Program (Rewards Program), if and when available, is exclusively for users of the Sites who have registered for the Rewards Program in accordance with the directions set forth below and on the Sites. Rewards Dollars may be applied to future purchases at the Sites in accordance with our Terms of Use. The Program Terms for the O Mattress™ Card Benefits Program (the Program Terms), as may be in effect from time to time and which are incorporated by reference. Enrollment in the Rewards Program is automatic with registration at any of the Sites.

Participating Sites include www.mattressomni.com.

Membership Benefits

 

Rewards

Rewards Dollars Earned

Members may earn a specified “Rewards Dollars” from
a) O Mattress Card Rewards Program
b) Referral Program
c) Product Review Program

Redemption Period

1 (one) year

Membership Fee

None

O Mattress™ Card Benefits Program
The O Mattress™ Card Benefits Program is designed to reward customers for making purchases on their O Mattress™ Card. Refer to the Program Terms for eligibility requirements for the O Mattress™ Card Benefits Program and for other applicable terms. Terms used but not defined herein will have the meaning ascribed to such terms in the Program Terms. Eligible Omni Card cardholders have the ability to earn Points on net new purchases made on the O Mattress™ Card that can be redeemed for Rewards Dollars later. Certain products may be ineligible for earning points.

“Net New Purchases” means purchases of goods or services at the Sites made by you or any Authorized User on your Account minus any returns, refunds, discounts by using Rewards Dollars, credit adjustments, or promotions, rounded to the nearest dollar. Points awarded for purchases that are returned or refunded or otherwise adjusted will be deducted from your Point total. Such deductions may result in a negative Points balance, in which case, any Points you earn will be applied to reduce that balance and you will not be able to redeem Points until you again have a positive balance. Points will not be awarded for the Rewards Dollars you redeem.

O Mattress™ reserves the right to increase or decrease the amount of Points earned on Net New Purchases at any time. We may from time to time make special offers for you to earn additional Points on specific purchases. The terms and conditions for such special offers such as which purchases qualify and the number of additional Points you may earn will be disclosed at the time of offer. Please check those terms and conditions carefully, as there may be important conditions or limitations such as blackout periods, point limitations or exclusions. Availability of any special offer is subject to change without notice. Please refer to Program Terms for more information on earning points, and redeeming points for Rewards Dollars.

O Mattress™ reserves the right to increase or decrease the number of Points required to redeem Rewards Dollars. In addition, these amounts may vary by customer or by promotion. You may redeem your points for the maximum amount of Rewards Dollars for which you are eligible that are of equal or lesser value to the total cost of product and shipping at the time of purchase. The corresponding Rewards Dollars amount will display in the Order Total. The redeemed points will be deducted from My O Mattress™ Card Rewards on your Account Balance. Customers can redeem points using any payment method for a purchase, including an O Mattress™ Card, if and when available.

Omni Referral Program
O Mattress™ Referral Program, if and when available, is designed to reward existing members (Sponsors) for referring new members to O Mattress™ by awarding the Sponsor Rewards Dollars when a new member makes his or her first O Mattress™ purchase. Sponsors are only entitled to referral Rewards Dollars upon the initial purchase of O Mattress™ merchandise by a new member introduced for the first time to O Mattress™ by the Sponsor.

Product Reviews Program
O Mattress™ Product Review Program, if and when available, is designed to rewards existing members to write product review on product purchased on the Sites. Members may be rewarded specified Rewards Dollars or may be offered other benefits for such reviews.

Redemption of Rewards Dollars
O Mattress™ will post all earned Rewards Dollars on your account within a reasonable amount of time after the confirmed shipment of your qualifying purchase. Rewards Dollars can be only redeemed and applied as a credit against a purchase from one of our participating Sites. Rewards Dollars cannot be used to purchase gift cards, gift certificates, or manufacturer-excluded brands. Rewards Dollars are not redeemable for cash and cannot be returned for a cash refund, except to the extent required by law. Rewards Dollars can be used against product cost only. For orders with multiple items, Rewards Dollars will be applied across all items proportionally based on the dollar amount. Omni may apply other restrictions or terminate the Reward Program at any time.

O Mattress™ Reward Dollars and Return Policy
If you return an item that was purchased in whole or in part using Rewards Dollars, the return will be processed in accordance with O Mattress™ Return Policy. If the return is accepted by O Mattress™, the Rewards Dollars applicable to the returned item will be credited back to your account.

Expiration
Rewards Dollars not used during the applicable Redemption Period will be forfeited. Members recognized on any of the participating Sites are unable to opt-out of the program.

Non-Transferability and Non-Aggregation of Rewards Dollars
Rewards Dollars and any other right, obligation or benefit of the Rewards Program may not be transferred, assigned, sold, traded or bartered by any member or any other person without O Mattress™ prior written consent, which O Mattress™ may withhold in its sole discretion, and any attempt to do any of the foregoing shall be null and void. In addition, Rewards Dollars are for the member’s personal use only. Members may not aggregate Rewards Dollars from multiple accounts or use Rewards Dollars for the purpose of purchasing products from the participating Sites on behalf of others or for the purpose of reselling such products to others.

Shipping Information

Shipping Your Order
O Mattress™ has carefully selected the shipping options for each product on the Sites to ensure you receive the fastest, safest, and most reliable delivery service possible. Each item’s delivery options are noted on its product page. All parties agree that time is not of the essence for shipping. We are here to help. If you have any concerns regarding the condition or packaging of your parcel, please describe the issue on the delivery receipt provided by the delivery professional and contract us immediately, and no later than 24 (twentyfour) hours for assistance. Please call Customer Service at 1-877-910-6664 or by email info@mattressomni.com

On occasion, carriers and shippers may deem a certain area, based on zip code, to be a remote or secondary delivery location. This is because the carrier or shipper does not perform regular delivery in these areas and as a result, scheduling of dedicated routes is required with O Mattress™ being charged beyond mile fees for these services. To ensure we keep the lowest possible prices on our items, when necessary, these beyond fees costs will be added to the total cost of your order at checkout if your zip code happens to be included in the carrier’s list of remote or secondary delivery points. Beyond fees costs will be clearly communicated to you before the payment process is completed if applicable to your delivery location. Unfortunately these fees are non-negotiable.

Free Shipping
Items marked FREE SHIPPING on the product page will ship for free. In order to keep your costs down and our pricing simple, we either provide free shipping or, in certain cases, charge shipping per item. This charge, if any, is indicated in your shopping cart and covers ground shipping within the contiguous United States. The price you see in the shopping cart is the price you pay, with one exception being if we are required to charge sales tax.

Exclusions
Certain products we offer do carry associated shipping charges either per item or per order amount. The total item shipping charges, if any, will be detailed in the webpage prior to payment. All parties agree that time is not of the essence.

Order amount for promotional shipping doesn’t include, and offer doesn’t apply to, gift cards, bulk orders, applicable shipping charges, international fees, or sales tax. Some items have specific shipping charges and are not eligible towards the qualifying amount for the reduced shipping rates or free shipping. Other eligible items checkout will count towards the qualifying total.

Return Policy

Eligible Return Items

Return credits and refunds are issued after suitable information and the eligible item is received and assessed. Eligible return items must be in new condition and in the original packaging to qualify for a refund. Please do not un-package, assemble or modify the product in any way as that will affect its eligibility for return.

Items are only ELIGIBLE for a refund if:

  • There is damage by the shipper or the product does not meet manufacturer specifications, and
  • That damage has been assessed and eligibility for return has been determined by the shipper or the manufacturer.

Manufacturer re-stocking fees are based on a percentage of the sale cost per item, and may vary from time to time at O Mattress™ sole and absolute discretion.

What if My Order Arrives Damaged?

Manufacturers package bed and mattress products so they arrive in good condition on your doorstep.

O Mattress™ makes every effort to accurately display colors of products appearing on our websites. However, because the colors you see directly depend on your monitor settings, Omni cannot guarantee that your monitor will accurately display the colors of items on our websites.

If an item does arrive damaged from shipping or where item does not meet manufacturer specifications or with repairs needed or parts missing, please notify O Mattress™ by filling out the Return Form. O Mattress™ Customer Service is available to provide assistance throughout this process.

When the customer signs for delivery and the package is already damaged, the customer should write “Package Damaged” on the delivery slip. At that time, please check the item contained inside the package. Please take photos of any damage to the package and contents to support this damage claim.
In this situation, it is strongly suggested that the customer contact O Mattress™ Customer Service immediately by phone or email and through filling out the O Mattress™ Return Form. If you accepted the package, and then notice missing or damaged parts, the customer has has 24 (twentyfour) hours to file freight claims with the shipper in the Return Form, which Customer Service can assist you with.

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