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Terms of Use

WEBSITE TERMS OF USE

 

This website is operated by Ortho Mattress, Inc. (Ortho). All inquiries may be directed to:


Ortho Mattress, Inc.
15300 Valley View Avenue
La Mirada, California 90638
admin@orthomattress.com

 

Your use of this website is based on these terms and conditions – please take a few minutes to review them. Your use of the orthomattress.com website represents your agreement to follow these rules and to be bound by them. If you do not agree with any of these terms and conditions, please re-direct your browser and do not use our website.

 

TERMS AND CONDITIONS MAY CHANGE

Ortho has the right to update or modify these terms and conditions at any time without prior notice. Your use of the website following any such change constitutes your agreement to follow and be bound by the terms and conditions as changed. For this reason, we encourage you to review these terms and conditions whenever you use this website. We try to ensure that the information posted on our website is correct and up-to-date. Although we take every measure to ensure the website is up-to-date, we do not guarantee the correctness, thoroughness or completeness of any of the information available on the website and will not be held liable for any inaccuracy or omission concerning any of the information.

 

PRODUCT INFORMATION


Ortho sells products exclusively through its retail stores within the United States and through this website. For questions regarding our products, please contact Customer Service.

 

Warning! Any purchase made other than through our retail stores or this website is made entirely at the risk of the purchaser, particularly with regard to the authenticity and any warranties of such items.

 

COPYRIGHT NOTICE


All of the Content you see and hear on this website, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips and text, are subject to trademark, service mark, trade dress, copyright and other intellectual property rights or licenses held by Ortho Mattress Inc. or its subsidiaries. Ortho® is a registered trademark of Ortho Mattress, Inc.. The entire Content of this website is copyrighted as a collective work under U.S. copyright laws.

 

The Content of this website, and the site as a whole (Content), is intended solely for personal, non-commercial use by the users of the website. You may download, print and store selected portions of the Content, provided you (1) only use these copies of the Content for your own personal, non–commercial use, (2) do not copy or post the Content on any network computer or broadcast the Content in any media, and (3) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice.

 

No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. Ortho reserves the complete title and full intellectual property rights in any Content you download from this website.

 

Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content without first obtaining written permission from Ortho.

 

If you know of, or suspect copyright or trademark infringement please send a notice to admin@orthomattress.com.

 

SUBMISSIONS/TESTIMONIALS


We welcome your comments regarding this website. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") sent to orthomattress.com shall be and remain the exclusive property of Ortho. Your submission of any such Comments shall constitute an assignment to Ortho of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Ortho will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.

 

If you submit to us a testimonial, including, without limitation, testimonials about our products or services, such submission will not be confidential or secret, and may be used by us in any manner. By submitting or sending a testimonial to us, you: (i) represent and warrant that the testimonial is original to you, that no other party has any rights thereto, and that any "moral rights" in such testimonial have been waived, and (ii) you grant us a royalty-free, unrestricted, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub-licensable right and license to use, reproduce, publish, distribute, display, translate, summarize, modify and adapt such testimonial (in whole or part) and to incorporate it in other works in any form, media, or technology now known or later developed, in our sole discretion, with or without your name. All testimonials found on this website are for the exclusive use of Ortho and are not to be reproduced or copied in any way.

 

DISCLAIMERS


This website is operated by Ortho on an "as is," "as available" basis, without representations or warranties of any kind. To the full extent permitted by law, Ortho and its subsidiaries disclaim any and all representations and warranties with respect to this website and its contents, whether express, implied, or statutory, including, but not limited to, warranties of title, merchantability and fitness for a particular purpose or use.

 

Without limiting the foregoing, Ortho does not represent or warrant that the information on this website is accurate, complete, reliable, useful, timely or current or that this website will operate without interruption or error.

 

Without limiting the foregoing, Ortho disclaims any liability for the accuracy or completeness of each item description.

 

Ortho does not endorse or make any warranties or representations about the options or other service or data you may access, download or use as a result of the use of the information contained on this website, or about any website you may access through this site. Links to other site are provided for convenience only. You need to make your own decisions regarding your interactions or communications with any other website.

 

Ortho makes no representation that Content provided on this website is applicable or appropriate for use in locations outside of the United States.

 

Ortho assumes no risk or responsibility for your use or any of the Content provided on this website.

 

LIMITATION OF LIABILITY


Under no circumstances, shall Ortho or any of its employees, directors, officers, agents, vendors or suppliers be liable for any direct or indirect losses or damages arising out of or in connection with the use or inability to use this website.

 

This is a comprehensive limitation of liability that applies to all losses and damages of any kind (whether general, special, consequential, incidental, exemplary or otherwise, including, without limitation, loss of data, income or profits), whether in contract, negligence or other tortious action, even if an authorized representative of Ortho has been advised of or should have known of the possibility of such damages.

 

If you are dissatisfied with this website or any Content on the site, or with their terms and conditions, you may discontinue using the website. You acknowledge, by your use of this website, that your use of the site is at your own risk.

 

Applicable law may not allow the limitation of liability set forth above, so this limitation of liability may not apply to you. If any part of this limitation on liability is found to be invalid or unenforceable for any reason, then the aggregate liability of Ortho under such circumstances for liabilities that otherwise would have been limited shall not exceed one dollar ($1).

 

ENFORCEMENT OF TERMS AND CONDITIONS


By accessing and using this website, you agree that your access to and use of this website is subject to these terms and conditions, as well as all applicable laws, as governed and interpreted pursuant to the laws of the State of California, United States of America.