TERMS AND CONDITIONS
IMPORTANT - PLEASE READ CAREFULLY
Louisville Web Group ("LWG"), operates this Web site pursuant to agreements with Great Sleep. This Web site, the Great Sleep Web site, is offered to you conditioned on your acceptance without modification of the Terms and Conditions contained herein. Your use of this Web site constitutes your acceptance of all such Terms and Conditions. We reserve the right to change at any time and without notice the Terms and Conditions under which this Web site is offered, and reserve the right to deny, in our sole discretion, any use or access to this Web site or any portion thereof without notice. If you do not agree to these Terms and Conditions, you do not have any right to use the Great Sleep Web site. These Terms and Conditions are a legal contract between you and Great Sleep for use of the Great Sleep Web site. Please read them carefully.
Please see the Disclaimer of Warranty and Limitation of Liability below.
All the content included on the Great Sleep Web site, including without limitation all the text, applets, graphics, photographs, graphs, sounds, data, images, audio and video clips, logos, button icons, images, digital downloads, data compilations and software ("Content"), is the property of LWG, Great Sleep, or their Content suppliers and is protected by U.S. and international copyright laws. All software used to operate the Great Sleep Web site is the property of Great Sleep and its partner software suppliers and is protected by U.S. and international copyright laws. The compilation, collection, selection, arrangement, assembly and coordination of all Content available on the Great Sleep Web site is the exclusive property of Great Sleep and protected by U.S. and international copyright laws. All Content available on the Great Sleep Web site may only be used by you for your personal use and data-gathering resources. You do not acquire any ownership rights in materials you download or copy from the Great Sleep Web site.
GREAT SLEEP and any other marks, graphics, logos and service names indicated on www.greatsleep.com are trademarks of Great Sleep. Great Sleep's trademarks and trade dress may not be used (i) in connection with any product or service that is not associated with Great Sleep; (ii) in any manner that is likely to cause confusion among customers; or (iii) in any manner that disparages or discredits Great Sleep or the Great Sleep Web site. All other trademarks not owned by Great Sleep are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by Great Sleep.
LICENSE AND SITE ACCESS
Great Sleep grants you a limited, revocable, non-exclusive license to access, display, copy, download and print the materials on the Great Sleep Web site for your own personal use, provided that you keep intact all copyright and other proprietary notices.
Other than as permitted in the preceding paragraph, examples of prohibited uses include, but are not limited to: commercial use; downloading (other than page caching), reproducing, duplicating, copying, modifying, republishing, posting, transmitting, preparing derivative works, distributing, selling any material on the Great Sleep Web site or any of the Content; using any Great Sleep logo or other proprietary graphic or trademark as part of a hyperlink; framing or utilizing framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of the Great Sleep Web site; "mirroring" any material contained on the Great Sleep Web site or the Great Sleep Web site's server; and using any spiders, crawlers, meta tags or any other "hidden text" containing Great Sleep's name or trademarks.
USAGE OF THEONLINE STORE
Age Requirement to Use Store
If you are under 18, you may use the Great Sleep Web site and purchase from the Great Sleep Web site only with involvement of a parent or guardian.
Right to Change Online Store
This Web site is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, sell any information, products, services or related graphics obtained from this Web site. We may make improvements and/or changes to this Web site, and the information, products, services, and related graphics included on the Web site, at any time.
Termination of Usage of Store
DISCLAIMER OF WARRANTY AND LIMITATION ON LIABILITY
GREAT SLEEP HAS TAKEN GREAT CARE IN THE CREATION OF THE GREAT SLEEP WEB SITE AND BELIEVES THAT ALL MATERIALS AND INFORMATION CONTAINED HEREIN ARE ACCURATE AND COMPLETE. HOWEVER, BECAUSE OF THE POSSIBILITY OF HUMAN ERROR, TECHNICAL MALFUNCTION, AND OTHER FACTORS, THE GREAT SLEEP WEB SITE COULD INCLUDE INACCURACIES, ERRORS, AND/OR OMISSIONS. ACCORDINGLY, INFORMATION, SERVICES, PRODUCTS AND MATERIALS CONTAINED ON THE GREAT SLEEP WEB SITE, INCLUDING WITHOUT LIMITATION THE CONTENT, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GREAT SLEEP, ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE GREAT SLEEP WEB SITE OR THE CONTENT INCLUDED ON THE GREAT SLEEP WEB SITE. YOU HEREBY AGREE THAT YOUR USE OF THE GREAT SLEEP WEB SITE IS AT YOUR SOLE RISK.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, GREAT SLEEP, ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS AND MATERIALS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, GREAT SLEEP, ITS SUBSIDIARIES AND AFFILIATES DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE GREAT SLEEP WEB SITE, COMPLETE OR CURRENT. GREAT SLEEP, ITS SUBSIDIARIES AND AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE GREAT SLEEP WEB SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. YOUR SOLE REMEDY IN THE EVENT OF ANY DEFICIENCY, ERROR OR INTERRUPTION IN THE SERVICES PROVIDED WILL BE TO REQUEST THAT GREAT SLEEP CORRECT THE MATTER OR, IF GREAT SLEEP FAILS TO DO SO, TO DISCONTINUE USE OF THE SERVICE AT YOUR OPTION.
THE LAWS OF CERTAIN STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Great Sleep appreciates hearing from its customers. However, unless our site has set up a specific submission policy, we will not review or consider any unsolicited creative ideas, inventions, suggestions or materials ("Submissions"). We hope you will understand that this policy is intended to avoid the possibility of future misunderstandings in the event that projects developed by our staff might seem to others to be similar to their own creative work.
If you send us any Submissions, it shall become our property. By submitting your Submissions, you grant Great Sleep an exclusive, royalty-free, perpetual and irrevocable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display your Submissions (in whole or in part) worldwide and to incorporate your Submissions in other works in any form, media or technology, now known or later developed, without any notice or compensation to you. Submissions will not be subject to any obligation of confidence by us, and we will not be liable for any use or disclosure of any Submissions.
Your receipt of an electronic or other form of order confirmation does not constitute Great Sleep's acceptance of your order, nor does it constitute confirmation the Great Sleep's offer to sell. Great Sleep reserves the right, at any time after receipt of your order, to accept or decline your order for any reason. Great Sleep reserves the right, at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Great Sleep may need to verify any information you provide before Great Sleep an order. Item availability and prices of all products sold at the Great Sleep Web site are subject to change without notice. Great Sleep reserves the right to limit quantities on certain items. Price changes will not be retroactively applied to any outstanding or completed orders.
In the event a product is listed at an incorrect price due to an error, Great Sleep will have the right to refuse or cancel any orders placed for products listed at the incorrect price. Great Sleep will have the right to refuse or cancel any such orders whether or not the order has been confirmed and your account charged. If your account has already been charged for the purchase and your order is canceled, Great Sleep will issue a credit to your account in the amount of the incorrect price.
DESCRIPTIONS, CONTENTS AND GRAPHICS
LWG, Great Sleep, and its affiliates attempt to be as accurate as possible. Despite our efforts, the information on the Great Sleep Web site may occasionally be inaccurate, incomplete or out of date. Neither LWG, nor Great Sleep, nor any affiliate warrants that information or other Content is accurate, complete, reliable, current or error-free. All features, content, specifications, products and prices of products and services described or depicted on this Web site are subject to change at any time without notice. Certain weight measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, actual color you see will depend on your computer system and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services in this Web site at a particular time does not imply or warrant that these products or services will be available at any time.
We are committed to correcting any graphical, textual, or factual errors in our content. Whether it is a misspelled word, broken link, or a missing or incorrectly matched photo, please notify us and we will do our best to quickly rectify any errors. Great Sleep does not warrant that our product descriptions or other content are current, reliable, accurate or complete. If you feel a product received by you from Great Sleep is incorrect, your only course of action is to return the item in an unused condition.
Great Sleep reserves the right to change any price at which we offer goods and services and to correct any errors in the pricing contained in our online store and catalogs. We shall have no liability for any such changes or errors and are not bound to fulfill orders at old or erroneous prices.
When an order is placed, it will be shipped to an address designated by the purchaser as long as the shipping address is compliant with the shipping restrictions contained on this Web site. All purchases from the Great Sleep Web site are made pursuant to a shipment contract. As a result, risk of loss for items purchased from Great Sleep pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
GOVERNING LAW AND GENERAL TERMS
These Terms and Conditions will be governed by and construed and enforced in accordance with the laws of the Commonwealth of Kentucky as they apply to a contract made and performed in such state, notwithstanding any conflict of law principles of the law of such state. These Terms and Conditions will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
CONSENT TO JURISDICTION
You consent and voluntarily submit to personal jurisdiction in the Commonwealth of Kentucky and in the courts in such state located in Jefferson County, Kentucky, and the United States District Court for the Western District of Kentucky, in any proceeding arising out of or relating to your use of the Great Sleep Web site or these Terms and Conditions and you agree that all claims in respect to the proceeding may be heard and determined in any such court. You agree that any action instituted by you against Great Sleep with respect to these Terms and Conditions shall be instituted exclusively in the United States District Court for the Western District of Kentucky or, if such Court does not have jurisdiction to adjudicate such action, in the Courts of the Commonwealth of Kentucky located in Jefferson County, Kentucky. You hereby irrevocably and unconditionally waive and agree not to plead, to the fullest extent permitted by law, any objection that you may now or hereafter have to the laying of venue or the convenience of the forum of any action with respect to these Terms and Conditions or the Great Sleep Web site in the United States District Court for the Western District of Kentucky and the Courts of the Commonwealth of Kentucky located in Jefferson County, Kentucky. Each party agrees that a final judgment in any proceeding so brought shall be conclusive and may be enforced by suit on the judgment or in any other manner provided by law or in equity.
Should any term of these Terms and Conditions be declared void, invalid or for any reason unenforceable by any court of competent jurisdiction, such declaration will have no effect on the remaining terms and conditions hereof. MODIFICATIONS AND WAIVER Great Sleep may modify or terminate these Terms and Conditions at any time and may do so immediately without notice or cause. Information collected under prior policies will be subject to the modified policies. You should visit this page from time to time to review the then-current Terms and Conditions because they are binding to you. It is your responsibility to check for changes to the Terms and Conditions periodically. A waiver by either party of its rights hereunder will not be binding unless contained in a writing signed by an authorized representative of the party waiving its rights. The nonenforcement or waiver of any provision on one occasion will not constitute a waiver of such provision on any other occasions unless expressly so agreed in writing.
LINKING TO THIS WEB SITE
Creating or maintaining any link from another Web site to any page on this Web site without the prior written permission of Great Sleep is prohibited. Running or displaying this Web site or any materials displayed on this Web site in frames or through similar means on another Web site without the prior written permission of Great Sleep is also prohibited. Any permitted links to this Web site must comply with all applicable laws, rules, and regulations, and any further requirements as defined by Great Sleep.
THIRD PARTY SITES
Reference and links to third party companies and products are for informational purposes only and constitute neither an endorsement nor a recommendation and are not intended to suggest any affiliation unless expressly stated on the Great Sleep Web site. You may be able to access other Internet sites not created by Great Sleep or its affiliates through the Great Sleep Web site. The reliability, decency, availability, legality, performance and other aspects of resources on Internet 7 sites other than those created by Great Sleep or its affiliates is beyond Great Sleep's control. Great Sleep makes no representations or warranties with respect to any third party sites.
You are entirely responsible for maintaining the confidentiality of your personal information for all activities that occur under your account. You hereby indemnify, defend and hold us and our affiliates and our officers, directors, owners, agents, information providers, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liabilities and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement or claims arising from your account. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to email customer care or mail our Customer Care service department at: Great Sleep Attn: Customer Care 10400 Bunsen Way Louisville, Kentucky 40299