Dreambed.com Terms of Use

Mattress Firm, Inc. (“Mattress Firm,” “we,” “us” and “our”) is pleased to give you access to its website at www.dreambed.com ("the Site") free of charge. You understand we may update the Site from time to time without giving you any notice. BY ACCESSING THE SITE AND SERVICES, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS AND CONDITIONS IN THESE TERMS OF USE AND THESE TERMS OF USE ARE A BINDING CONTRACT BY YOU AND MATTRESSFIRM. BY USING THE SITE AND SERVICES, YOU AGREE TO EACH TERM AND CONDITION SET FORTH BELOW. IF YOU DO NOT AGREE WITH ANY TERM OR CONDITION SET FORTH BELOW, DO NOT USE THE SITE OR SERVICES FOR ANY PURPOSE.

Modification and Changes: Mattress Firm reserves the right to change these Terms of Use at any time. By using the Site and services, you agree in advance to accept any changes. You should review this page frequently to ensure compliance with the most up to date Terms of Use.

User Conduct: When you visit the Site, you agree that you will not:

  • Upload, post, email, transmit or otherwise make available any content that we deem to be unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; 
  • Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; 
  • Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; 
  • Upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
  • Upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  • Harm minors in any way;
  • Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site;
  • Interfere with or disrupt the service or servers or networks connected to the service, or disobey any requirements, procedures, policies or regulations of networks connected to the service; 
  • Intentionally or unintentionally violate any applicable local, state, national or international law; 
  • “Stalk” or otherwise harass another; 
  • Collect or store personal data about other users.

Intellectual Property: Copyrights. The copyright in all material provided on the Site is held by Mattress Firm, Inc. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of Mattress Firm, Inc. or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this site for personal, non-commercial use only; provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded or printed materials. You also may not, without the permission of Mattress Firm Inc., “mirror” any material contained on this site on any other server. Any unauthorized use of any material contained on this site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.      

Trademarks.
All trademarks on the Site are either trademarks or registered trademarks of Mattress Firm or its affiliates or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Mattress Firm. All page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of Mattress Firm or its affiliates, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Mattress Firm. Other trademarks, registered trademarks, product names, and company names or logos displayed on the Site are the property of their respective owners.

Indemnification; Damages for Unauthorized Access: You hereby agree to indemnify, defend, and hold Mattress Firm and our affiliates, officers, directors, owners, agents, information providers, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liabilities and costs (including reasonable attorneys’ fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Use. 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.

You acknowledge and agree that your violation of the terms and conditions of these Terms of Use through unauthorized use of or access to the Site will result in a minimum of five-thousand dollars ($5,000.00) in damages to Mattress Firm based on our costs for implementing additional security measures resulting from, and our investigation into, any such violation.

Links; Third Party Content; Third Party Use of Information: The Site may provide, or third parties may provide, links to other World Wide Web resources. Because Mattress Firm has no control over such sites and resources, we explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from the Site. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from the Site or third-party content on our Site. We do not endorse any of the merchandise nor have we taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites and third-party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

You hereby consent to the use of any information you provide on this Site by third parties we have engaged to assist us in fulfilling your requests and operating and maintaining our Site and services and you understand and acknowledge that your information may be processed abroad by such third parties.

Entire Agreement: These Terms of Use, along with our Privacy Policy and Legal Disclaimer, constitute the entire Agreement between you and Mattress Firm with respect to the subject matter hereof and governs your use of the Site, superseding any prior agreements between you and Mattress Firm. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. Mattress Firm’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. Choice of Law and Forum: By visiting the Site, you agree that the laws of the State of Texas, without regard to principles of conflict of laws, will govern this Agreement. The venue for any disputes arising from the use of this Site shall be Sacramento, California.

Severability: If any of these terms shall be deemed invalid, void or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining terms.

Termination: Mattress Firm may terminate this Agreement, or terminate or suspend your access to the Site at any time, with or without cause, with or without notice.

Contact Us

If you have any questions about this Agreement, the practices of this Site, or your dealings with this Site, please contact us at email@dreambed.com.

Refer-a-Friend Terms and Conditions

Mattress Firm, Inc. (“we” or “Company”) may, from time to time, offer users of our service relating to the Company’s “The Dream Bed” branded mattresses and related products(“Service”) the opportunity to refer friends to try the Service (“The Dream Bed Referral Program” or “Program”).

We reserve the right to terminate the Program at any time for any reason.

Users (defined below) are bound by these Terms and Conditions by participating in the Program. By participating in the Program, Users agree to use the Program in the manner specified in these Terms and Conditions. If you do not agree to these Terms and Conditions in their entirety you are not authorized to register as a Referrer (defined below) or participate in the Program in any manner. Users may not participate in the Program where doing so would be prohibited by any applicable law or regulations.

We reserve the right to modify or amend at any time these Terms and Conditions and the methods through which Rewards are earned. We reserve the right to disqualify any User (defined below) at any time from participation in the Program if he/she does not comply with any of these Terms and Conditions.

Children. No part of the Program is directed to persons under the age of 13. IF YOU ARE UNDER 13 YEARS OF
AGE, PLEASE DO NOT USE OR ACCESS THE PROGRAM AT ANY TIME OR IN ANY MANNER.

1. Privacy. Individuals may participate in the Program to recommend services or content made available by Company to their friends, family or colleagues ("Users"). To do this, Users must necessarily submit personal information about themselves and their friends, family members or colleagues, such as name and e-mail address information, so that the Company can send these recommendations on their behalf. The personal information will be collected, processed and used in accordance with Company’s Privacy Statement, which can be found at www.dreambed.com/termsandconditions.

In addition, personal information may be used by Company or its third party vendors to contact Users with regards to their participation in the Program and to receive communications from Company and its third party vendors.  Where a User provides personal information about its friends, family members or colleagues to receive communications via the Program, the provided personal information will be used by the Company or its third party vendors for sending these communications on behalf of the User and User understands that Company or its third party vendors may send out additional follow-up communications on behalf of the User to encourage or remind the friends, family members or colleagues to complete the purchase or registration process.

2. How the Program Works.
Program Participation, Generally
To participate, visit www.dreambed.com and follow the on-screen instructions to refer friends, family members or colleagues to the Service by entering their names and email addresses in the “Refer A Friend” box. Users may refer a maximum of six friends, family members or colleagues during the Program. Users who refer are called “Referrers.” Individuals who receive a referral are called “Referred Customers.” An “eligible” Referrer who is fully compliant with these Terms and Conditions may receive “Reward(s)” for every “Qualified Referral.”

Eligible Referrer
To be “eligible,” a Referrer must:

1) be a legal resident of the United States of America; and
2) be at least 18 years old.

Employees of the Company, its Service Provider or any of its or their subsidiaries, affiliates or promotional agencies, including immediate family and household members, are not eligible.

Making a Referral
An individual must register to make a referral, but no purchase is required. Once an individual refers a friend, family member or colleague, he/she becomes a Referrer and will be provided with a unique referral link (“Personal Link”) that allows the Referrer to receive credit for Qualified Referrals (“Credit”). Personal Links will be issued only to individuals. Each Referrer will also be provided with a unique and personal Company “Refer-a-Friend” page or account to view the status of his/her Qualified Referrals and manage his/her account.

Referrers must respect the spirit of the Program by only referring real individuals who meet the requirements of these Terms and Conditions. Referrers cannot refer themselves. For example, a Referrer may not create multiple or fake accounts with The Dream Bed or participate in the Program using multiple or fake email addresses or identities.

Qualified Referrals
A Qualified Referral means that all the following conditions are met:

1) The Referred Customer completed the purchase or registration process with the Service using the Referrer’s “Personal Link.” If a Referred Customer purchases or registers with the Service using any other link or method, the registration will not count as a Qualified Referral and the Referrer will not earn Credit;
2) The Referred Customer was not previously registered with the Service under any email address or alias;
3) The Referred Customer is a) a legal resident of the United States of America and b) at least 18 years old; and
4) Only one Qualified Referral can be earned for each Referred Customer up to a maximum of six Referred Customers during the operation of the Program. Any additional or subsequent purchases made by a Referred Customer will not be Qualified Referrals.

Credit for Qualified Referrals
Credit can only be awarded for Qualified Referrals.

Earning Rewards
Referrer shall receive one (1) Reward valued at fifty dollars (US$50) for each verified Qualified Referral generated by Referrer. A Referrer may not earn more than six Qualified Referrals per calendar year or more than three hundred dollars (US$300) in Rewards per calendar year. Rewards may be redeemed in various forms in the Company’s sole discretion. Check your The Dream Bed Refer-A-Friend account for details. Restrictions may apply. For example, if the Reward is in the form of a gift card, gift certificate or voucher, it may be subject to the issuer’s terms and conditions.

Verified Qualified Referrals
Rewards are subject to verification. The Company may delay a Reward for the purposes of investigation. They may also refuse to verify and process any transaction Company deems, in its sole discretion, to be fraudulent, suspicious, in violation of these Terms and Conditions, or believes will impose potential liability on Company, its subsidiaries, affiliates or any of their respective officers, directors, employees, representatives and agents.

All of the Company’s decisions are final and binding, including decisions as to whether a Qualified Referral, Credit or Reward is verified.

Transfer and Value of Credit and Rewards
Credit and Rewards have no monetary value and may not be redeemed for cash. Credit and Rewards are not transferable and may not be auctioned, traded, bartered or sold. Upon termination of the Program or any portion thereof for any reason, or upon cancellation of a Referrer’s The Dream Bed account for any reason, any unredeemed Credit and Rewards accumulated by the Referrer are forfeited.

3. Content Ownership and Use.
The online platform and the Program contain contents that include: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other content (collectively, “Content”). As between the User and the Company, all Content is the property of the Company or its licensors and is protected under copyright, trademark, and other laws. The compilation (meaning the collection, arrangement, and assembly) of all Content on the online platform or Program is the exclusive property of the Company and is protected by copyright, trademark, and other laws.

License to You
The Company authorizes you, subject to these Terms, to access and use the online platform, Program, and the Content solely for your personal, non-commercial use. This license is revocable at any time without notice and with or without cause. Unauthorized use of the Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original Content on any copy you make of it.

Trademarks
The registered or unregistered logos, product and service names are or may be trademarks of the Company or its licensors (the “Marks”). Without the Company’s prior written permission, and except as solely enabled by any link as provided by the Company, you agree not to display or use in any manner the Marks.

4. Liability
By participating in the Program, Users agree to:

1) be bound by these Terms and Conditions, the decisions of the Company and their designees (including the Service Provider), and the Privacy Policy of the Company;
2) defend, indemnify, release and hold harmless the Company, its Service Provider and its or their respective parent companies, affiliates and subsidiaries, together with their respective employees, directors, officers, licensees, licensors, shareholders, attorneys and agents including, without limitation, their respective advertising and promotion entities and any person or entity associated with the production, operation or administration of the Program (collectively, the “Released Parties”), from any and all claims, actions, demands, damages, losses, liabilities, costs or expenses caused by, arising out of, in connection with, or related to their participation in the Program (including, without limitation, any property loss, damage, personal injury or death caused to any person(s) and/or the awarding, receipt and/or use or misuse of the Program or any Reward); and
3) be contacted by the Customer via e-mail.

Company shall not be liable for:

1) late, lost, delayed, stolen, misdirected, incomplete, unreadable, inaccurate, unreliable, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission;
2) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors;
3) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials;
4) any injuries, losses or damages of any kind resulting from acceptance, possession or use of a Reward, or from participation in the Program, that were not reasonably foreseeable to the Company at the relevant time;
5) any printing, typographical, administrative or technological errors in any websites or materials associated with the Program; or
6) claims, demands, and damages in disputes among Users of the Program.

The Company disclaims any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with the Program, and reserve the right, in their sole discretion, to cancel, modify or suspend the Program should a virus, bug, computer problem, unauthorized intervention or other causes beyond the Company’s control, corrupt the administration, security or proper play of the Program.

The Company shall not be liable to any Users for failure to supply any Reward or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, tornado, tsunami, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other similar or dissimilar cause beyond any of the Released Parties’ control.

The Company reserves the right to cancel or suspend the Program should it determine, in its sole discretion, that the administration, security or fairness of the Program has been compromised in any way.

Disclaimer of Warranties
USERS EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE PROGRAM IS AT YOUR SOLE RISK, THE PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS AND TERMS (COLLECTIVELY, "PROMISES") OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR CUSTOM, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED THROUGH THE USE OF THE PROGRAM, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE COMPANY MAKES AND GIVES NO WARRANTY THAT (i) THE PROGRAM WILL MEET YOUR REQUIREMENTS, (ii) BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS OBTAINED FROM THE USE OF THE PROGRAM WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE PROGRAM WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PROGRAM IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.

Limitation of Liability and Indemnification
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY, INCLUDING ANY VENDORS AND SERVICE PROVIDERS ASSOCIATED WITH OR ASSISTING IN PROVIDING THE PROGRAM, 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 THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE PROGRAM; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE PROGRAM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR THROUGH THE PROGRAM; OR (v) ANY OTHER MATTER RELATING TO THE PROGRAM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU. TO THE FULLEST EXTENT POSSIBLE BY LAW, THE COMPANY’S, INCLUDING ANY VENDORS AND SERVICE PROVIDERS, MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.

Users should use the Program at their own risk.

5. Publicity. Participation in the Program or acceptance of a Reward constitutes permission to the Program Entities to use any User’s first and last name, company name, The Dream Bed profile information, statements, biographical information, and city and state address for any and all promotional or advertising purposes in connection with the Program, on a worldwide basis and in all forms of media without review, permission or further compensation of any amount or kind whatsoever, where permitted by law.

6. Conduct. If a solution cannot be found to restore the integrity of the Program after the occurrence of prohibited conduct, we reserve the right to cancel, change, or suspend the Program.

Prohibited Conduct, Generally

Users agree not to use the Program to:

  • Violate applicable law;
  • Infringe the intellectual property rights of the Company, its Service Provider or any third parties;
  • Stalk, harass, or harm another individual;
  • Collect or store personal data about other Users;
  • Impersonate any person or otherwise misrepresent User’s identity;
  • Interfere with, disrupt or violate the Terms and Conditions or servers or networks connected to the Program; or disobey any requirements, procedures, policies, or regulations of such networks;
  • Interfere with another User’s use of the Program;
  • Attempt to gain unauthorized access to the Program, other accounts, computer systems, or networks connected to the Program;
  • Transmit any file that contains viruses, worms, Trojan horses, or any other contaminating or destructive features;
  • Conduct any illegal activity or solicit the performance of any illegal activity or other activity that infringes the rights of others;
  • Resell, barter, trade, auction or otherwise generate income by providing access to the Program to Others

Bulk Distribution (“Spam”) If a Referrer provides a Personal Link to a Referred Customer by email, the email must be created and distributed in a personal manner that is appropriate and customary for communications with friends, colleagues and family members. By submitting the email addresses, the Referrer represents that he/she has their prior consent.

Bulk email distribution, distribution to strangers, or any other promotion of a Personal Link in a manner that would constitute or appear to constitute unsolicited commercial email or “spam” in the Company’s sole discretion is expressly prohibited and may be grounds for immediate termination of the Referrer’s account and deactivation of the Personal Link. We have a no tolerance spam policy.

The Company has no obligation to monitor the content provided by Users; however, the Company may choose to do so and block any email messages, remove any such content, or prohibit any use of the Program.

Each Referrer is the actual sender of the emails and must comply with applicable law. Referrers who do not comply with the law, including anti-spam laws, are obligated to indemnify the Program Entities against any liabilities, costs and expenses it incurs as a results of such spam.

Fraudulent and Suspicious Behavior The Company may prohibit a User from participating in the Program or receiving a Credit or Reward, in their sole discretion, if they determine such User is attempting to undermine the fairness, integrity or legitimate operation of the Program in any way by cheating, hacking, deception, or any other unfair playing practices of intending to annoy, abuse, threaten or harass any other users or representatives of the Company.

Use of any automated system, script, or macro to participate is strictly prohibited and will result in disqualification.

Users may not enter with multiple or fake emails addresses or accounts, use fictitious identities or use any system, bot or other device or artifice to participate in the Program or receive a Reward.

The Company reserves the right to disqualify any User and/or cancel any Reward(s) if they find a User to be tampering with the entry process or the operation of the Program or violating these Terms and Conditions.

CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE PROGRAM. SHOULD SUCH AN ATTEMPT BE MADE, THE COMPANY RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

7. Suggestions and Submissions. The Company appreciates hearing from Users and welcomes your comments regarding the Program. Please be advised, however, that the Company does not accept or consider creative ideas, suggestions, inventions, or materials (“creative ideas”) other than those which we have specifically requested. While the Company values your feedback on the Program, please be specific in your comments and do not submit creative ideas. If, despite this request, you send the Company creative ideas, they:

  1. Shall own, exclusively, all now known or later discovered rights to the creative ideas;
  2. Shall not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any creative ideas; and
  3. Shall be entitled to unrestricted use of the creative ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.

8. Sign-In Credentials. To see the personal Company “Refer-a-Friend” page or account or to use the Program, Users will need to sign in with their credentials. Users are responsible for maintaining the confidentially of their sign-in credentials and are fully responsible for all activities that occur through the use of them. Users agree to notify the Company immediately if they believe the confidentiality of their sign-in credentials has been compromised or if they suspect unauthorized use of their account. Users agree that the Company will not be liable for any loss or damage arising from unauthorized use of their credentials.

9. Applicable Law; Arbitration; Class Waiver; and Waiver of Jury Trial. Any and all disputes, claims and causes of action arising out of or related to the Program or any prize awarded shall be resolved under California law (without reference to its conflicts of laws principles), and participants in the Program agree to submit any dispute to the exclusive jurisdiction of the state and federal courts located in San Francisco County, California. Participants and the Program Entities agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the online platform or Program under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted within San Francisco County in the state of California. Participants covenant not to sue the Program Entities in any other forum. Participants also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to Participants’ use of the Service or this Agreement:

  • PARTICIPANTS ARE GIVING THEIR YOUR RIGHT TO HAVE A TRIAL BY JURY; and
  • PARTICIPANTS ARE GIVING UP THEIR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.

10. General Terms These Terms constitute the entire agreement between Users and the Company concerning Users’ use of the Program. The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect. A person who is not a party to these Terms shall have no right to enforce or receive the benefit of any of these Terms.

Dreambed.com – Privacy Policy

Last updated: June 25, 2015

Mattress Firm, Inc. (“Mattress Firm,” “we,” “us” and “our”) is committed to making your search for the perfect mattress and a great night sleep as pleasurable and easy as possible. Maintaining your privacy is part of that commitment. As such, this Privacy Policy describes the types of personal and non-personal information we collect on dreambed.com (the “Site”), how we use such information and to whom and under what circumstances we may disclose it. By using the Site, you agree to the collection, use and disclosure of your personally identifiable information as described in this Privacy Policy. If you do not agree to the terms of this Privacy Policy, please do not use the Site.

Rest Easy: What do we collect?

Personal Information:

Personal information is information that specifically identifies an individual, such as a customer’s name, address, telephone number, e–mail address, credit card or other account number, and information about that individual’s activities when directly linked to that person, such as information about his or her purchases. Personal information also includes demographic information, such as date of birth, gender, geographic area and preferences when such information is linked to other personal information that identifies you. We only collect personal information from you when you: 1) register on the Site and create an account, including any account created using already established social networking accounts such as Facebook or Twitter; 2) complete a survey; 3) sign up for our e-mail list or newsletter; 4) share content from the Site with your friends; 5) contact us by e-mail or by using the chat feature for any reason; or 6)order products and services.

Non-personal Information:

As part of the standard operation of the Site, we may collect certain non-personal information from you, including, but not limited to, your Internet IP address, browser type, domain name, operating system and referring website addresses. In addition, we may collect information about your browsing behavior, such as the date and time you visit the Site, the areas or pages of the Site that you visit, the amount of time you spend viewing the Site, the number of times you return to the Site. This data helps us understand trends and customer needs so that we can better consider new products and services and tailor existing products and services to customer desires. This allows us to make your shopping experience beneficial.

Rest Easy: How do we collect your information?

Clickstream Data    
Clickstream data is a record of your activity on the Internet.  This data is recorded whenever you click anywhere in a webpage or application and is used for the purposes of collecting, analyzing and reporting data about how you use the Site.  This method of data collection is used to capture non-personal information.

Cookies
A cookie is a small text file that may be stored on the hard drive of your computer when you access the Site. A "session cookie" expires immediately when you end your session (i.e., close your browser). A "persistent cookie" stores information on the hard drive so when you end your session and return to the same website at a later date, the cookie information is still available. When you visit our website, we may use both a session and a persistent cookie. These cookies may contain information (such as a unique user ID) that is used to track your usage of our website and in some cases, your e-mail address. Your e-mail address is only saved in this cookie if you register with us.

If you register with us, this cookie allows us to recognize you when you return to our website and provides you with access to your account information. If you save your information with or order from us, we may also use cookies to monitor and maintain information about your use of our website.

If you have not saved your information with or ordered from us, we may monitor and maintain information about your use of our website in a manner that does not identify you. We may use cookies to collect the non-personal information described above in order to: 1) provide you with customized content and advertising; 2) monitor Site usage; and 3) conduct research to improve our content and services. You are free to decline cookies, but by doing so, you may not be able to use certain features on the Site or take full advantage of all our offerings. Check the “Help” menu of your browser to learn how to change your cookie preferences. 

Pixel Tags
A pixel tag (also known as a web beacon) is a small string of code that represents a clear graphic image and is used in conjunction with a cookie. A pixel tag allows us to capture certain additional types of information about a visitor’s actions on a web site, such as a visitor’s cookie number, the time, date, duration and number of page views, a description of the page where the tag is placed and details about any items that were purchased. Pixel tags help us analyze our customers’ online behavior and measure the effectiveness of our website and our advertising. We work with service providers that help us track, collect and analyze this information.

Rest Easy: How do we use it?

We take seriously the trust you place in us; therefore, you have our commitment that we will not sell, rent or lease your personally identifiable information to others. We may, at times, produce internal reports about our user demographic, age and online usage information. This allows us to work more closely with advertisers to provide content and offers that are more relevant to our users. We will never include any personal information of our users in these reports. We may also use your personal and non-personal information collected for the following purposes: 1) to fulfill your requests for products and services; 2) to provide you with targeted offers and advertising on the Site; 3) to contact you with information and promotional materials and offers from The Dream Bed as well as from our subsidiaries, affiliates, marketing partners, advertisers and other third parties; 4) to contact you if there is a problem with your order; 5) to ask you to review your in-store experience;  6) to review Site usage and operations; and 7) to conduct marketing research and/or analysis in order to optimize our search engine marketing strategies.

In addition, we reserve the right to use or disclose any information without notice or consent to the following entities for the following purposes: 1) to our employees, independent contractors, subsidiaries, affiliates, consultant, business associates, service providers and suppliers, if the disclosure will enable any of these entities to perform a business, professional or technical support function for us; 2) to our employees, independent contractors, service providers and suppliers, to fulfill a product or service request; 3) as necessary if we believe that there has been a violation of the Site Terms of Use or of our rights or the rights of any third party; 4) to respond to judicial process and provide information to law enforcement agencies or in connection with an investigation on matters related to public safety as permitted by law or otherwise as required by law; 5) to conduct investigations of consumer complaints; and 6) as provided for under the “Unforeseen Circumstances” section below.

Rest Easy: How secure is our site?

Mattress Firm, Inc. takes your security seriously. We have taken certain physical, electronic, contractual and managerial steps to safeguard and secure the information we collect from Site visitors. We have limited access to private and confidential data to those employees with a specific need to retrieve this information. To maintain this highest level of security, we do not store private information on the Site. We do not direct the Site to, nor do we knowingly collect any personal information from, children under the age of thirteen.

All of your information is encrypted before it is transmitted across the Internet.  Additionally, the information you provide when you place an order is encrypted (or coded) using a secure server for maximum security. This coding makes it extremely difficult for anyone to reach your information as it moves through our ordering system.
Most of the pages on our site provide information about The Dream Bed and our products and do not contain secure information or ask for your personal information. We make this information available freely and there’s no reason for these pages to be secure. The pages that we make secure are the "Checkout area" and pages on which you actually make a purchase, manage your account, or check your order status. For example, the entire checkout process, from introduction to final confirmation, is completely secure. When confirming an order, the confirmation page will display your shipping address, billing address, and payment method (e.g. credit card). Your credit card number will not be displayed on this page. If you are logged into your account, your profile page will display the last four digits of the credit card you have on file. It will not display your full credit card number. You may add new credit card information or delete current credit card information but you will not be able to edit any of your credit card information.

When you create an account on our site, we will store some of your personal information. This will include your name, login information (except passwords), shipping address, billing address, order information, wish list information, and payment settings. If you log in using a social media site such as Facebook, we will capture and store that login information as well.

To check the security of your computer, look for a padlock to either the left or right of the URL. If you see a closed padlock, then the encryption technology is active and the server is secure. You can also check by looking at the URL line of your browser. When you access a secure server, the initial characters of the site address will be "https."

You also have an obligation to safeguard your own personal information. If you set up an account on our site, it is your responsibility to keep your password and profile information confidential. We recommend using a complex password with unique number, letters and special characters. If you are sharing a computer, you should always log out before leaving a site to protect access to your information from subsequent users. If your password has been compromised for any reason, you should immediately change your password.

Third-Party Websites
The Site may contain links to third-party websites which may have privacy policies that differ from our own. We are not responsible for the activities and practices that take place on these sites. Accordingly, we recommend that you review the privacy policy posted on any site that you may access through our Site.

Unforeseen Circumstances
As we continue to develop our business, we or our affiliates may sell or buy other businesses or entities. In such transactions, personal information may be one of the transferred business assets. Also, in the event that Mattress Firm, Inc. or substantially all of its assets are acquired, your personal information may be one of the transferred assets.

Third Party Advertising Partners
We use third-party service providers to serve advertisements (banners or links) on our behalf across the Internet.

These advertising service providers may collect non-identifiable information about your visits to our website and your interactions with our products and services. Such non-identifiable information does not include your name, address, e-mail address or other personal information. The information is collected through the use of cookies and pixel tags.

In addition to the information about your visits to our website, our service providers may also use the information about your visits to other websites to target advertisements for products and services available from The Dream Bed.     

Currently, we use third party-placed tracking pixels and cookies from the following advertising delivery partners: TruEffect, Amazon and Google. In the future we may partner with other companies to provide interest-based advertising, both on and off the Site. If this occurs, Mattress Firm provides you with an opportunity to opt out when these advertisements are served. You may manage your third-party advertising preferences by clicking on the links below:

If you would like more information about this practice and to know your choices for not having this information used by third-party service providers, please visit http://www.networkadvertising.org/managing/opt_out.asp.

Facebook Custom Audience Ads   
We may display interest-based ads to you when you are using Facebook through a tool offered by Facebook called the Custom Audience Tool. This tool allows us to personalize our ads based on your shopping experience with us. We do not share any of your personal information, including your shopping history, with Facebook. The tool lets Mattress Firm convert your e-mail address to a unique number that Facebook uses to match to unique numbers Facebook generates from e-mail addresses of its users.

E-mail Marketing
If you are opted in to receive marketing e-mails from us and wish to unsubscribe, you can do so by clicking on the Unsubscribe hyperlink at the bottom of the marketing e-mail you receive. We will note in our database that you have elected to opt out of future e-mails from our company. Your record will still remain in our database but you will not receive any future mailings unless we manually opt you back in. 

You may also choose to opt out of e-mails by sending an e-mail to us at email@dreambed.com. If you choose to opt out with this method, please be sure to include the e-mail address that you would like us to unsubscribe.

Changes to this Privacy Policy
We may change this Privacy Policy from time to time. When we do, we will post the change(s) on the Site. If we change our Privacy Policy in a material way, we will provide appropriate online notice to you.

If you have any questions or concerns about this Privacy Policy, please contact us at email@dreambed.com.

Dreambed.com – Legal Disclaimer

Disclaimer of Warranty: Mattress Firm, Inc. ("Mattress Firm," "we" and "our") provides access to its website at www.dreambed.com ("the Site") on an “as is” and “as available” basis. You expressly agree that use of the Site and/or its content is at your sole risk.

To the fullest extent permissible pursuant to applicable law, Mattress Firm and its affiliates disclaim all warranties of any kind, whether express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement.

You expressly agree that use of the Site, including all content and/or data downloaded or accessed from or through the Site, is at your sole risk. You understand and agree that you will be solely responsible for any damage to your business, your computer system or loss of data that results from the download of such content and/or data.

Mattress Firm assumes no responsibility for any damages suffered by any user, including, but not limited to, loss of data from delays, nondeliveries of content or email, errors, system down time, misdeliveries of content or email, network or system outages, file corruption, or service interruptions caused by the negligence of Mattress Firm, its affiliates, its licensors, or an user’s own errors and/or omissions except as specifically provided herein.

Mattress Firm disclaims any warranty or representation that confidentiality of information transmitted through the Site will be maintained. No advice or information, whether oral or written, obtained by you from the Site or through the Site shall create any warranty not expressly stated in writing.

Although Mattress Firm will, in most circumstances, be able to receive your e-mail or other information provided through the Site, Mattress Firm does not guarantee that it will receive all such e-mail or other information timely and accurately and shall not be legally obligated to read, act on or respond to any such e-mail or other information. Be aware that internet e-mail typically is not secure.

Some jurisdictions do not allow the limitation or exclusion of certain warranties or conditions, so some of the above exclusions may not apply to you.

LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL MATTRESS FIRM OR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THE SITE OR ANY CONTENT CONTAINED ON THE SITE, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF MATTRESS FIRM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES ACKNOWLEDGE THAT THIS IS A REASONABLE ALLOCATION OF RISK.

MATTRESS FIRM MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, OR THE PRODUCTS AND PRICES DESCRIBED IN THEM, AT ANY TIME WITHOUT NOTICE. MATTRESS FIRM TRIES TO ENSURE THAT ALL INFORMATION PROVIDED AS PART OF THE SITE IS CORRECT AT THE TIME OF INCLUSION ON THE SITE. MATTRESS FIRM STRIVES FOR ACCURACY IN OUR ADVERTISING, BUT ERROR IN PRICING AND/OR PHOTOGRAPHY MAY OCCUR.  MATTRESS FIRM DOES NOT GUARANTEE THAT ANY CONTENT IS ACCURATE OR COMPLETE, INCLUDING PRICE INFORMATION, PHOTOGRAPHY AND PRODUCT SPECIFICATIONS. PHOTOGRAPHY IS FOR ILLUSTRATION PURPOSES ONLY AND MAY NOT REFLECT ACTUAL PRODUCT. THE MATERIALS AND SERVICES AT THIS SITE MAY BE OUT OF DATE, AND MATTRESS FIRM MAKES NO COMMITMENT TO UPDATE THE MATERIALS AND SERVICES AT THIS SITE. MATTRESS FIRM IS NOT LIABLE FOR ANY ACTION YOU MAY TAKE AS A RESULT OF RELYING ON SUCH INFORMATION OR ADVICE OR FOR ANY LOSS OR DAMAGE SUFFERED BY YOU AS A RESULT OF TAKING THIS ACTION. CONSULT YOUR LOCAL MATTRESS FIRM FOR INFORMATION REGARDING THE PRODUCTS, PROGRAMS AND SERVICES THAT MAY BE AVAILABLE TO YOU.   SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

Compare At Pricing

"Compare at" pricing is determined based on price of comparable merchandise of similar quality and circumstances. As a company, we stand behind our compare at prices, based on our market experience and knowledge. These prices reflect nationally competitive MSRP, list prices and do not reflect interim mark-downs, which may have been taken. We invite you to ask about any individual prices. Product selection and prices may vary from store to store.

Dispute Resolution

This section provides for the resolution of most disputes or claims through arbitration instead of court trials and class actions. You should read this section carefully; arbitration is final, binding and subject to only very limited review by a court. This section governing disputes will survive any termination of this agreement.

Mandatory Arbitration: You and Mattress Firm agree to arbitrate any claim, controversy or dispute arising under or related to this agreement, except that you or Mattress Firm may bring an individual action in small claims court. You and Mattress Firm acknowledge that this agreement evidences a transaction in interstate commerce and that the Federal Arbitration Act will govern the interpretation and enforcement of this arbitration provision. To initiate arbitration, you or Mattress Firm must first send a written notice, via certified mail, to the other party indicating an intent to arbitrate, which notice will include: (1) a description of the facts; (2) a description of the nature of the claim; and (3) the relief sought (“notice to arbitrate”). Send notice to arbitrate to: Mattress Firm, Inc., Legal Department, 5815 Gulf Freeway, Houston, TX 77023. Both parties agree to make reasonable attempts to resolve any such dispute; however, if the parties cannot resolve the dispute within forty-five (45) days of receipt of notice to arbitrate, then an arbitration claim may commence. Any arbitration initiated under this agreement will be administered by the American Arbitration Association (“AAA”) in accordance with its arbitration rules (and the AAA supplemental procedures for consumer related disputes as they may be applicable), as modified by this agreement. Information concerning the AAA, its arbitration rules and other information concerning arbitration procedures and fees can be found by calling the AAA at 1-800-778-7879 free or visiting its website at http://www.adr.org.

Any arbitration will be conducted by a single neutral arbitrator. You and Mattress Firm will cooperate in good faith to select the arbitrator within thirty (30) calendar days of the commencement of any arbitration proceeding. If you and Mattress Firm cannot agree upon a neutral arbitrator within the thirty day period, then either party may request that the AAA appoint, in its sole discretion, a neutral arbitrator. You and Mattress Firm further agree that no arbitrator will have the authority to award any relief or remedy in excess of or contrary to what is provided in this agreement, except where such provision is not permitted under applicable law. The arbitrator´s decision and award will be final and binding, and judgment on the award rendered by the arbitrator may be entered into in any court having jurisdiction. The law that is applied to this agreement also will be applied in any arbitration proceeding. Unless you and Mattress Firm otherwise agree, any arbitration will be conducted in Houston, Texas. All administrative costs and fees of the arbitration will be borne equally by you and Mattress Firm. You and Mattress Firm will each bear the expenses of its own counsel, experts, witnesses and the preparation and presentation of evidence in connection with any arbitration.

Waiver of Jury Trial and Class Action: By entering into this agreement, you and Mattress Firm acknowledge and agree to waive certain rights to litigate disputes in court, to receive a jury trial or to participate as a plaintiff or as a class member in any claim on a class or consolidated basis or in a representative capacity. You and Mattress Firm both agree that any arbitration will be conducted on an individual basis and not a consolidated, class-wide or representative basis and that if arbitration is not conducted on an individual basis, this section will be deemed null and void. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party´s individual claim. If for any reason the arbitration clause set forth in this agreement is deemed inapplicable or invalid, or the extent the arbitration clause allows for litigation of disputes in court, you and Mattress Firm both waive, to the fullest extent allowed by law, any right to pursue or to participate as a plaintiff or as a class member in any claim on a class or consolidated basis or in a representative capacity.

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