Our Terms
TERMS OF SERVICE AGREEMENT
PLEASE READ THE FOLLOWING TERMS OF USE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF 11/26/2013.
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the "TOS") is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with My Green Mattress, also known as, located at 1519 W. 55TH STREET, LA GRANGE, Illinois 60525, and our subsidiaries and affiliates, in association with the use of the website, which includes www.mygreenmattress.com (the "Site") and its Services, which shall be defined below.
DESCRIPTION OF WEBSITE SERVICES OFFERED
The Site is an e-commerce website which has the following description: Our website it to provide information and an area to purchase our natural and organic mattress options.
Any and all visitors to our site, despite whether they are registered or not, shall be deemed as "users" of the herein contained Services provided for the purpose of this TOS. Once an individual registers for our Services,
through the process of creating an account, the user shall then be considered a "member."
The user and/or member acknowledges and agrees that the Services provided and made available through our website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of My Green Mattress. At its discretion, My Green Mattress may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. My Green Mattress does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user and/or member, acknowledge, accept and agree that My Green Mattress shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this
Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of
all terms and policies currently in effect. Should you not agree to the updated, modified, revised or modified
terms, you must stop using the provided Services.
Furthermore, the user and/or member understands, acknowledges and agrees that the Services offered shall be
provided "AS IS" and as such My Green Mattress shall not assume any responsibility or obligation for the
timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization
settings.
REGISTRATION
To register and become a "member" of the Site, you must be 18 years of age to enter into and form a legally
binding contract. In addition, you must be in good standing and not an individual that has been previously
barred from receiving 's Services under the laws and statutes of the United States or other applicable
jurisdiction.
Furthermore, the registering party hereby acknowledges, understands and agrees to:
a) furnish factual, correct, current and complete information with regards to yourself as may be requested
by the data registration process, and
b) maintain and promptly update your registration and profile information in an effort to maintain
accuracy and completeness at all times.
If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, My Green
Mattress will have sufficient grounds and rights to suspend or terminate the member in violation of this
aspect of the Agreement, and as such refuse any and all current or future use of My Green Mattress
Services, or any portion thereof.
It is My Green Mattress's priority to ensure the safety and privacy of all its visitors, users and members,
especially that of children. Therefore, it is for this reason that the parents of any child under the age of 13 that
permit their child or children access to the website platform Services must create a "family" account, which
will certify that the individual creating the "family" account is of 18 years of age and as such, the parent or
legal guardian of any child or children registered under the "family" account. As the creator of the "family"
account, s/he is thereby granting permission for his/her child or children to access the various Services
provided, including, but not limited to, message boards, email, and/or instant messaging. It is the parent's
and/or legal guardian's responsibility to determine whether any of the Services and/or content provided are
age-appropriate for his/her child.
PRIVACY POLICY
Every member's registration data and various other personal information are strictly protected by the My
Green Mattress Online Privacy Policy (see the full Privacy Policy at ). As a member, you herein consent to
the collection and use of the information provided, including the transfer of information within the United
States and/or other countries for storage, processing or use by My Green Mattress and/or our subsidiaries
and affiliates.
MEMBER ACCOUNT, USERNAME, PASSWORD AND SECURITY
After completion of the registration data and creation of your username, you will receive a random password
—which you can later change—and account designation. You shall be responsible for maintaining the
secrecy and confidentiality of your password and for all activities that transpire on or within your account. It
shall be your responsibility to notify My Green Mattress immediately if you notice any unauthorized access
or use of your account or password or any other breach of security. My Green Mattress shall not be held
liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the
TOS.
CONDUCT
As a member of the Site, you herein acknowledge, understand and agree that all information, text, software,
data, photographs, music, video, messages, tags or any other content, whether it is publicly or privately posted
and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. In
short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted
or otherwise made available by way of Services, and as such, we do not guarantee the accuracy, integrity or
quality of such content. It is expressly understood that by use of our Services, you may be exposed to content
including, but not limited to, any errors or omissions in any content posted, and/or any loss or damage of any
kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available by
Furthermore, you herein agree not to make use of My Green Mattress's Services for the purpose of:
a) uploading, posting, emailing, transmitting, or otherwise making available any content that shall be
deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene,
libelous, or invasive of another's privacy or which is hateful, and/or racially, ethnically, or otherwise
objectionable;
b) causing harm to minors in any manner whatsoever;
c) impersonating any individual or entity, including, but not limited to, any officials, forum leaders,
guides or hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or
entity;
d) forging captions, headings or titles or otherwise offering any content that you personally have no right
to pursuant to any law nor having any contractual or fiduciary relationship with;
e) uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe
upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other
party;
f) uploading, posting, emailing, transmitting or otherwise offering any content that you do not personally
have any right to offer pursuant to any law or in accordance with any contractual or fiduciary
relationship;
g) uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized
advertising, promotional flyers, "junk mail," "spam," or any other form of solicitation, except in any
such areas that may have been designated for such purpose;
h) uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a
software virus or other computer code, any files and/or programs which have been designed to
interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication
equipment;
i) disrupting the normal flow of communication, or otherwise acting in any manner that would negatively
affect other users' ability to participate in any real time interactions;
j) interfering with or disrupting any My Green Mattress Services, servers and/or networks that may be
connected or related to our website, including, but not limited to, the use of any device software
and/or routine to bypass the robot exclusion headers;
k) intentionally or unintentionally violating any local, state, federal, national or international law,
including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S. Securities and
Exchange Commission, in addition to any rules of any nation or other securities exchange, that would
include without limitation, the New York Stock Exchange, the American Stock Exchange, or the
NASDAQ, and any regulations having the force of law;
l) providing informational support or resources, concealing and/or disguising the character, location, and
or source to any organization delegated by the United States government as a "foreign terrorist
organization" in accordance to Section 219 of the Immigration Nationality Act;
m) "stalking" or with the intent to otherwise harass another individual; and/or
n) collecting or storing of any personal data relating to any other member or user in connection with the
prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs.
My Green Mattress herein reserves the right to pre-screen, refuse and/or delete any content currently
available through our Services. In addition, we reserve the right to remove and/or delete any such content that
would violate the TOS or which would otherwise be considered offensive to other visitors, users and/or
members.
My Green Mattress herein reserves the right to access, preserve and/or disclose member account information
and/or content if it is requested to do so by law or in good faith belief that any such action is deemed
reasonably necessary for:
a) compliance with any legal process;
b) enforcement of the TOS;
c) responding to any claim that therein contained content is in violation of the rights of any third party;
d) responding to requests for customer service; or
e) protecting the rights, property or the personal safety of My Green Mattress, its visitors, users and
members, including the general public.
My Green Mattress herein reserves the right to include the use of security components that may permit
digital information or material to be protected, and that such use of information and/or material is subject to
usage guidelines and regulations established by My Green Mattress or any other content providers supplying
content services to My Green Mattress. You are hereby prohibited from making any attempt to override or
circumvent any of the embedded usage rules in our Services. Furthermore, unauthorized reproduction,
publication, distribution, or exhibition of any information or materials supplied by our Services, despite
whether done so in whole or in part, is expressly prohibited.
CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE
Due to the global nature of the internet, through the use of our network you hereby agree to comply with all
local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting
and/or transferring of software, technology and other technical data may be subject to the export and import
laws of the United States and possibly other countries. Through the use of our network, you thus agree to
comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the
Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the
sanctions control program of the United States (http://www.treasury.gov/resource-
center/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:
a) are not on the list of prohibited individuals which may be identified on any government export
exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member
of any other government which may be part of an export-prohibited country identified in applicable
export and import laws and regulations;
b) agree not to transfer any software, technology or any other technical data through the use of our
network Services to any export-prohibited country;
c) agree not to use our website network Services for any military, nuclear, missile, chemical or biological
weaponry end uses that would be a violation of the U.S. export laws; and
d) agree not to post, transfer nor upload any software, technology or any other technical data which
would be in violation of the U.S. or other applicable export and/or import laws.
CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES
My Green Mattress shall not lay claim to ownership of any content submitted by any visitor , member or
user, or make such content available for inclusion on our website Services. Therefore, you hereby grant and
allow for My Green Mattress the below listed worldwide, royalty-free and non-exclusive licenses, as
applicable:
a) The content submitted or made available for inclusion on the publicly accessible areas of My Green
Mattress's sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly
perform and/or publicly display said Content on our network Services is for the sole purpose of
providing and promoting the specific area to which this content was placed and/or made available for
viewing. This license shall be available so long as you are a member of My Green Mattress's sites,
and shall terminate at such time when you elect to discontinue your membership.
b) Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly
accessible areas of My Green Mattress's sites, the license provided to permit to use, distribute,
reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network
Services are for the sole purpose of providing and promoting the specific area in which this content
was placed and/or made available for viewing. This license shall be available so long as you are a
member of My Green Mattress's sites and shall terminate at such time when you elect to discontinue
your membership.
c) For any other content submitted or made available for inclusion on the publicly accessible areas of My
Green Mattress's sites, the continuous, binding and completely sub-licensable license which is meant
to permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and/or
publicly display said content, whether in whole or in part, and the incorporation of any such Content
into other works in any arrangement or medium current used or later developed.
Those areas which may be deemed "publicly accessible" areas of My Green Mattress's sites are those such
areas of our network properties which are meant to be available to the general public, and which would
include message boards and groups that are openly available to both visitors and members . However, those
areas which are not open to the public, and thus available to members only, would include our mail system
and instant messaging.
CONTRIBUTIONS TO COMPANY WEBSITE
My Green Mattress provides an area for our users and members to contribute feedback to our website.
When you submit ideas, documents, suggestions and/or proposals ("Contributions") to our site, you
acknowledge and agree that:
a) your Contributions do not contain any type of confidential or proprietary information;
b) shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied,
related to any Contributions;
c) shall be entitled to make use of and/or disclose any such Contributions in any such manner as they
may see fit;
d) the contributor's Contributions shall automatically become the sole property of ; and
e) is under no obligation to either compensate or provide any form of reimbursement in any manner or
nature.
INDEMNITY
All users and/or members herein agree to insure and hold My Green Mattress, our subsidiaries, affiliates,
agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which
may include, but is not limited to, reasonable attorney fees made by any third party, which may arise from any
content a member or user of our site may submit, post, modify, transmit or otherwise make available through
our Services, the use of Services or your connection with these Services, your violations of the Terms of
Service and/or your violation of any such rights of another person.
COMMERCIAL REUSE OF SERVICES
The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any
commercial reason any part, use of, or access to 's sites.
USE AND STORAGE GENERAL PRACTICES
You herein acknowledge that My Green Mattress may set up any such practices and/or limits regarding the
use of our Services, without limitation of the maximum number of days that any email, message posting or
any other uploaded content shall be retained by My Green Mattress, nor the maximum number of email
messages that may be sent and/or received by any member, the maximum volume or size of any email
message that may be sent from or may be received by an account on our Service, the maximum disk space
allowable that shall be allocated on My Green Mattress's servers on the member's behalf, and/or the
maximum number of times and/or duration that any member may access our Services in a given period of
time. In addition, you also agree that My Green Mattress has absolutely no responsibility or liability for the
removal or failure to maintain storage of any messages and/or other communications or content maintained or
transmitted by our Services. You also herein acknowledge that we reserve the right to delete or remove any
account that is no longer active for an extended period of time. Furthermore, My Green Mattress shall
reserve the right to modify, alter and/or update these general practices and limits at our discretion.
MODIFICATIONS
My Green Mattress shall reserve the right at any time it may deem fit, to modify, alter and or discontinue,
whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition,
we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or
discontinuance of our Services, or any part thereof.
TERMINATION
As a member of www.mygreenmattress.com, you may cancel or terminate your account, associated email
address and/or access to our Services by submitting a cancellation or termination request to
bedhead@mygreenmattress.com.
As a member, you agree that My Green Mattress may, without any prior written notice, immediately
suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access
to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access
shall include, but is not limited to:
a) any breach or violation of our TOS or any other incorporated agreement, regulation and/or guideline;
b) by way of requests from law enforcement or any other governmental agencies;
c) the discontinuance, alteration and/or material modification to our Services, or any part thereof;
d) unexpected technical or security issues and/or problems;
e) any extended periods of inactivity;
f) any engagement by you in any fraudulent or illegal activities; and/or
g) the nonpayment of any associated fees that may be owed by you in connection with your
www.mygreenmattress.com account Services.
Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations
of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third
party with regards to the termination of your account, associated email address and/or access to any of our
Services.
The termination of your account with www.mygreenmattress.com shall include any and/or all of the
following:
a) the removal of any access to all or part of the Services offered within www.mygreenmattress.com;
b) the deletion of your password and any and all related information, files, and any such content that may
be associated with or inside your account, or any part thereof; and
c) the barring of any further use of all or part of our Services.
ADVERTISERS
Any correspondence or business dealings with, or the participation in any promotions of, advertisers located
on or through our Services, which may include the payment and/or delivery of such related goods and/or
Services, and any such other term, condition, warranty and/or representation associated with such dealings,
are and shall be solely between you and any such advertiser. Moreover, you herein agree that My Green
Mattress shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a
direct result of any such dealings or as a result of the presence of such advertisers on our website.
LINKS
Either My Green Mattress or any third parties may provide links to other websites and/or resources. Thus,
you acknowledge and agree that we are not responsible for the availability of any such external sites or
resources, and as such, we do not endorse nor are we responsible or liable for any content, products,
advertising or any other materials, on or available from such third party sites or resources. Furthermore, you
acknowledge and agree that My Green Mattress shall not be responsible or liable, directly or indirectly, for
any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with
the use of or the reliance on any such content, goods or Services made available on or through any such site
or resource.
PROPRIETARY RIGHTS
You do hereby acknowledge and agree that My Green Mattress's Services and any essential software that
may be used in connection with our Services ("Software") shall contain proprietary and confidential material
that is protected by applicable intellectual property rights and other laws. Furthermore, you herein
acknowledge and agree that any Content which may be contained in any advertisements or information
presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or
other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or
as authorized by My Green Mattress or such applicable licensor, you agree not to alter, modify, lease, rent,
loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are
based on My Green Mattress Services (e.g. Content or Software), in whole or part.
My Green Mattress herein has granted you personal, non-transferable and non-exclusive rights and/or
license to make use of the object code or our Software on a single computer, as long as you do not, and shall
not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse
assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a
security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree
not to alter or change the Software in any manner, nature or form, and as such, not to use any modified
versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to
our Services. Lastly, you also agree not to access or attempt to access our Services through any means other
than through the interface which is provided by My Green Mattress for use in accessing our Services.
WARRANTY DISCLAIMERS
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
a) THE USE OF MY GREEN MATTRESS SERVICES AND SOFTWARE ARE AT THE SOLE
RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS"
AND/OR "AS AVAILABLE" BASIS. MY GREEN MATTRESS AND OUR SUBSIDIARIES,
AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS
EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER
EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED
WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT.
b) MY GREEN MATTRESS AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS,
PARTNERS AND LICESNSORS MAKE NO SUCH WARRANTIES THAT (i) MY GREEN
MATTRESS SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) MY
GREEN MATTRESS SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED,
TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE
OBTAINED FROM THE USE OF THE MY GREEN MATTRESS SERVICES OR
SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS,
SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED
OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET
YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE
SOFTWARE SHALL BE CORRECTED.
c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAIN BY
WAY OF MY GREEN MATTRESS SERVICES OR SOFTWARE SHALL BE ACCESSED
BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE
SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND
CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER
AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY
LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH
INFORMATION OR MATERIAL.
d) NO ADVICE AND/OR INFORMATION, DESPITE WETHER WRITTEN OR ORAL, THAT
MAY BE OBTAINED BY YOU FROM MY GREEN MATTRESS OR BY WAY OF OR
FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THE TOS.
e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF
EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR
BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE
USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY
UNKNOWN CONDITION OR UNDETECTED ELILEPTIC SYMPTOM IN USERS WHO
HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU,
ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC
CONDITION, PLEASE CONSULT A PHYSICAN IF YOU EXPERIENCE ANY OF THE
FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED
VISON, EYE OR MUSCLE TWITCHES, LOSS OF AWARNESS, DISORIENTATION, ANY
INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPLICITY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT MY GREEN
MATTRESS AND OUR SUBISDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS,
PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE,
INDIRECT, INCIDENTIAL, SPECIAL, CONSEQUENIAL OR EXEMPLARY DAMAGES,
INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF
ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGILBE LOSSES, EVEN
THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES
MAY OCCUR, AND RESULT FROM:
a) THE USE OR INABILITY TO USE OUR SERVICE;
b) THE COST OF PRECURING SUBSTITUTE GOODS AND SERVICES;
c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS
AND/OR DATA;
d) STATEMENTS OR CONDUCT OF ANY SUCH THRID PARTY ON OUR SERVICE;
e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS
Should you intend to create or to join any service, receive or request any such news, messages, alerts or other
information from our Services concerning companies, stock quotes, investments or securities, please review
the above Sections Warranty Disclaimers and Limitations of Liability again. In addition, for this particular
type of information, the phrase "Let the investor beware" is appropriate. My Green Mattress's content is
provided primarily for informational purposes, and no content that shall be provided or included in our
Services is intended for trading or investing purposes. My Green Mattress and our licensors shall not be
responsible or liable for the accuracy, usefulness or availability of any information transmitted and/or made
available by way of our Services, and shall not be responsible or liable for any trading and/or investment
decisions based on any such information.
EXCLUSION AND LIMITATIONS
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OF EXCLUSION OF LAIBILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF
SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY
TO YOU.
THIRD PARTY BENEFICIARIES
You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there
shall be third-party beneficiaries to this agreement.
NOTICE
My Green Mattress may furnish you with notices, including those with regards to any changes to the TOS,
including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website
Services, or other reasonable means currently known or any which may be herein after developed. Any such
notices may not be received if you violate any aspects of the TOS by accessing our Services in an
unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have
received any and all notices that would have been delivered had you accessed our Services in an authorized
manner.
TRADEMARK INFORMATION
You herein acknowledge, understand and agree that all of the My Green Mattress trademarks, copyright,
trade name, service marks, and other My Green Mattress logos and any brand features, and/or product and
service names are trademarks and as such, are and shall remain the property of My Green Mattress. You
herein agree not to display and/or use in any manner the My Green Mattress logo or marks.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE
& PROCEDURES
My Green Mattress will always respect the intellectual property of others, and we ask that all of our users to
the same. With regards to appropriate circumstances and at its sole discretion, My Green Mattress may
disable and/or terminate the accounts of any user who repeatedly violates our TOS and/or infringes the rights
of others. If you feel that your work has been duplicated in such a way that would constitute copyright
infringement, or if you believe your intellectual property rights have been otherwise violated, you should
provide to us the following information:
a) The electronic or the physical signature of the individual that is authorized on behalf of the owner of
the copyright or other intellectual property interest;
b) A description of the copyrighted work or other intellectual property that you believe has been infringed
upon;
c) A description of the location of the site which you allege has been infringing upon your work;
d) The physical address, telephone number, and email address;
e) A statement, in which you state that the alleged and disputed use of your work is not authorized by the
copyright owner, its agents or the law;
f) And finally, a statement, made under penalty of perjury, that the aforementioned information in your
notice is the truth and accurate, and that you are the copyright or intellectual property owner,
representative or agent authorized to act on the copyright or intellectual property owner's behalf.
The My Green Mattress Agent for notice of claims of copyright or other intellectual property infringement
can be contacted as follows:
Mailing Address:
My Green Mattress
Attn: Copyright Agent
1519 W. 55TH STREET
LA GRANGE, Illinois 60525
Telephone: (877) 737-8237
Email: bedhead@mygreenmattress.com
CLOSED CAPTIONING
BE IT KNOWN, that My Green Mattress complies with all applicable Federal Communications
Commission rules and regulations regarding the closed captioning of video content. For more information,
please visit our website at www.mygreenmattress.com.
GENERAL INFORMATION
ENTIRE AGREEMENT
This TOS constitutes the entire agreement between you and My Green Mattress and shall govern the use of
our Services, superseding any prior version of this TOS between you and us with respect to My Green
Mattress Services. You may also be subject to additional terms and conditions that may apply when you use
or purchase certain other My Green Mattress Services, affiliate Services, third-party content or third-party
software.
CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and My Green Mattress with regard to the TOS that the
relationship between the parties shall be governed by the laws of the state of Illinois without regard to its
conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or
relating to the TOS, or the relationship between you and My Green Mattress, shall be filed within the courts
having jurisdiction within the County of Cook, Illinois or the U.S. District Court located in said state. You
and My Green Mattress agree to submit to the jurisdiction of the courts as previously mentioned, and agree
to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in
such courts.
WAIVER AND SEVERABILITY OF TERMS
At any time, should My Green Mattress fail to exercise or enforce any right or provision of the TOS, such
failure shall not constitute a waiver of such right or provision. If any provision of this TOS 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 the TOS remain in full
force and effect.
NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY
You acknowledge, understand and agree that your account is non-transferable and any rights to your ID
and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death
certificate, your account may be terminated and all contents therein permanently deleted.
STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or
action arising out of or related to the use of our Services or the TOS must be filed within 2 year(s) after said
claim or cause of action arose or shall be forever barred.
VIOLATIONS
Please report any and all violations of this TOS to My Green Mattress as follows:
Mailing Address:
My Green Mattress
Attn: Copyright Agent
1519 W. 55TH STREET
LA GRANGE, Illinois 60525
Telephone: (877) 737-8237
Email: bedhead@mygreenmattress.com
PLEASE READ THE FOLLOWING TERMS OF USE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF 11/26/2013.
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the "TOS") is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with My Green Mattress, also known as, located at 1519 W. 55TH STREET, LA GRANGE, Illinois 60525, and our subsidiaries and affiliates, in association with the use of the website, which includes www.mygreenmattress.com (the "Site") and its Services, which shall be defined below.
DESCRIPTION OF WEBSITE SERVICES OFFERED
The Site is an e-commerce website which has the following description: Our website it to provide information and an area to purchase our natural and organic mattress options.
Any and all visitors to our site, despite whether they are registered or not, shall be deemed as "users" of the herein contained Services provided for the purpose of this TOS. Once an individual registers for our Services,
through the process of creating an account, the user shall then be considered a "member."
The user and/or member acknowledges and agrees that the Services provided and made available through our website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of My Green Mattress. At its discretion, My Green Mattress may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. My Green Mattress does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user and/or member, acknowledge, accept and agree that My Green Mattress shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this
Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of
all terms and policies currently in effect. Should you not agree to the updated, modified, revised or modified
terms, you must stop using the provided Services.
Furthermore, the user and/or member understands, acknowledges and agrees that the Services offered shall be
provided "AS IS" and as such My Green Mattress shall not assume any responsibility or obligation for the
timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization
settings.
REGISTRATION
To register and become a "member" of the Site, you must be 18 years of age to enter into and form a legally
binding contract. In addition, you must be in good standing and not an individual that has been previously
barred from receiving 's Services under the laws and statutes of the United States or other applicable
jurisdiction.
Furthermore, the registering party hereby acknowledges, understands and agrees to:
a) furnish factual, correct, current and complete information with regards to yourself as may be requested
by the data registration process, and
b) maintain and promptly update your registration and profile information in an effort to maintain
accuracy and completeness at all times.
If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, My Green
Mattress will have sufficient grounds and rights to suspend or terminate the member in violation of this
aspect of the Agreement, and as such refuse any and all current or future use of My Green Mattress
Services, or any portion thereof.
It is My Green Mattress's priority to ensure the safety and privacy of all its visitors, users and members,
especially that of children. Therefore, it is for this reason that the parents of any child under the age of 13 that
permit their child or children access to the website platform Services must create a "family" account, which
will certify that the individual creating the "family" account is of 18 years of age and as such, the parent or
legal guardian of any child or children registered under the "family" account. As the creator of the "family"
account, s/he is thereby granting permission for his/her child or children to access the various Services
provided, including, but not limited to, message boards, email, and/or instant messaging. It is the parent's
and/or legal guardian's responsibility to determine whether any of the Services and/or content provided are
age-appropriate for his/her child.
PRIVACY POLICY
Every member's registration data and various other personal information are strictly protected by the My
Green Mattress Online Privacy Policy (see the full Privacy Policy at ). As a member, you herein consent to
the collection and use of the information provided, including the transfer of information within the United
States and/or other countries for storage, processing or use by My Green Mattress and/or our subsidiaries
and affiliates.
MEMBER ACCOUNT, USERNAME, PASSWORD AND SECURITY
After completion of the registration data and creation of your username, you will receive a random password
—which you can later change—and account designation. You shall be responsible for maintaining the
secrecy and confidentiality of your password and for all activities that transpire on or within your account. It
shall be your responsibility to notify My Green Mattress immediately if you notice any unauthorized access
or use of your account or password or any other breach of security. My Green Mattress shall not be held
liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the
TOS.
CONDUCT
As a member of the Site, you herein acknowledge, understand and agree that all information, text, software,
data, photographs, music, video, messages, tags or any other content, whether it is publicly or privately posted
and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. In
short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted
or otherwise made available by way of Services, and as such, we do not guarantee the accuracy, integrity or
quality of such content. It is expressly understood that by use of our Services, you may be exposed to content
including, but not limited to, any errors or omissions in any content posted, and/or any loss or damage of any
kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available by
Furthermore, you herein agree not to make use of My Green Mattress's Services for the purpose of:
a) uploading, posting, emailing, transmitting, or otherwise making available any content that shall be
deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene,
libelous, or invasive of another's privacy or which is hateful, and/or racially, ethnically, or otherwise
objectionable;
b) causing harm to minors in any manner whatsoever;
c) impersonating any individual or entity, including, but not limited to, any officials, forum leaders,
guides or hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or
entity;
d) forging captions, headings or titles or otherwise offering any content that you personally have no right
to pursuant to any law nor having any contractual or fiduciary relationship with;
e) uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe
upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other
party;
f) uploading, posting, emailing, transmitting or otherwise offering any content that you do not personally
have any right to offer pursuant to any law or in accordance with any contractual or fiduciary
relationship;
g) uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized
advertising, promotional flyers, "junk mail," "spam," or any other form of solicitation, except in any
such areas that may have been designated for such purpose;
h) uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a
software virus or other computer code, any files and/or programs which have been designed to
interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication
equipment;
i) disrupting the normal flow of communication, or otherwise acting in any manner that would negatively
affect other users' ability to participate in any real time interactions;
j) interfering with or disrupting any My Green Mattress Services, servers and/or networks that may be
connected or related to our website, including, but not limited to, the use of any device software
and/or routine to bypass the robot exclusion headers;
k) intentionally or unintentionally violating any local, state, federal, national or international law,
including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S. Securities and
Exchange Commission, in addition to any rules of any nation or other securities exchange, that would
include without limitation, the New York Stock Exchange, the American Stock Exchange, or the
NASDAQ, and any regulations having the force of law;
l) providing informational support or resources, concealing and/or disguising the character, location, and
or source to any organization delegated by the United States government as a "foreign terrorist
organization" in accordance to Section 219 of the Immigration Nationality Act;
m) "stalking" or with the intent to otherwise harass another individual; and/or
n) collecting or storing of any personal data relating to any other member or user in connection with the
prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs.
My Green Mattress herein reserves the right to pre-screen, refuse and/or delete any content currently
available through our Services. In addition, we reserve the right to remove and/or delete any such content that
would violate the TOS or which would otherwise be considered offensive to other visitors, users and/or
members.
My Green Mattress herein reserves the right to access, preserve and/or disclose member account information
and/or content if it is requested to do so by law or in good faith belief that any such action is deemed
reasonably necessary for:
a) compliance with any legal process;
b) enforcement of the TOS;
c) responding to any claim that therein contained content is in violation of the rights of any third party;
d) responding to requests for customer service; or
e) protecting the rights, property or the personal safety of My Green Mattress, its visitors, users and
members, including the general public.
My Green Mattress herein reserves the right to include the use of security components that may permit
digital information or material to be protected, and that such use of information and/or material is subject to
usage guidelines and regulations established by My Green Mattress or any other content providers supplying
content services to My Green Mattress. You are hereby prohibited from making any attempt to override or
circumvent any of the embedded usage rules in our Services. Furthermore, unauthorized reproduction,
publication, distribution, or exhibition of any information or materials supplied by our Services, despite
whether done so in whole or in part, is expressly prohibited.
CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE
Due to the global nature of the internet, through the use of our network you hereby agree to comply with all
local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting
and/or transferring of software, technology and other technical data may be subject to the export and import
laws of the United States and possibly other countries. Through the use of our network, you thus agree to
comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the
Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the
sanctions control program of the United States (http://www.treasury.gov/resource-
center/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:
a) are not on the list of prohibited individuals which may be identified on any government export
exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member
of any other government which may be part of an export-prohibited country identified in applicable
export and import laws and regulations;
b) agree not to transfer any software, technology or any other technical data through the use of our
network Services to any export-prohibited country;
c) agree not to use our website network Services for any military, nuclear, missile, chemical or biological
weaponry end uses that would be a violation of the U.S. export laws; and
d) agree not to post, transfer nor upload any software, technology or any other technical data which
would be in violation of the U.S. or other applicable export and/or import laws.
CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES
My Green Mattress shall not lay claim to ownership of any content submitted by any visitor , member or
user, or make such content available for inclusion on our website Services. Therefore, you hereby grant and
allow for My Green Mattress the below listed worldwide, royalty-free and non-exclusive licenses, as
applicable:
a) The content submitted or made available for inclusion on the publicly accessible areas of My Green
Mattress's sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly
perform and/or publicly display said Content on our network Services is for the sole purpose of
providing and promoting the specific area to which this content was placed and/or made available for
viewing. This license shall be available so long as you are a member of My Green Mattress's sites,
and shall terminate at such time when you elect to discontinue your membership.
b) Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly
accessible areas of My Green Mattress's sites, the license provided to permit to use, distribute,
reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network
Services are for the sole purpose of providing and promoting the specific area in which this content
was placed and/or made available for viewing. This license shall be available so long as you are a
member of My Green Mattress's sites and shall terminate at such time when you elect to discontinue
your membership.
c) For any other content submitted or made available for inclusion on the publicly accessible areas of My
Green Mattress's sites, the continuous, binding and completely sub-licensable license which is meant
to permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and/or
publicly display said content, whether in whole or in part, and the incorporation of any such Content
into other works in any arrangement or medium current used or later developed.
Those areas which may be deemed "publicly accessible" areas of My Green Mattress's sites are those such
areas of our network properties which are meant to be available to the general public, and which would
include message boards and groups that are openly available to both visitors and members . However, those
areas which are not open to the public, and thus available to members only, would include our mail system
and instant messaging.
CONTRIBUTIONS TO COMPANY WEBSITE
My Green Mattress provides an area for our users and members to contribute feedback to our website.
When you submit ideas, documents, suggestions and/or proposals ("Contributions") to our site, you
acknowledge and agree that:
a) your Contributions do not contain any type of confidential or proprietary information;
b) shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied,
related to any Contributions;
c) shall be entitled to make use of and/or disclose any such Contributions in any such manner as they
may see fit;
d) the contributor's Contributions shall automatically become the sole property of ; and
e) is under no obligation to either compensate or provide any form of reimbursement in any manner or
nature.
INDEMNITY
All users and/or members herein agree to insure and hold My Green Mattress, our subsidiaries, affiliates,
agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which
may include, but is not limited to, reasonable attorney fees made by any third party, which may arise from any
content a member or user of our site may submit, post, modify, transmit or otherwise make available through
our Services, the use of Services or your connection with these Services, your violations of the Terms of
Service and/or your violation of any such rights of another person.
COMMERCIAL REUSE OF SERVICES
The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any
commercial reason any part, use of, or access to 's sites.
USE AND STORAGE GENERAL PRACTICES
You herein acknowledge that My Green Mattress may set up any such practices and/or limits regarding the
use of our Services, without limitation of the maximum number of days that any email, message posting or
any other uploaded content shall be retained by My Green Mattress, nor the maximum number of email
messages that may be sent and/or received by any member, the maximum volume or size of any email
message that may be sent from or may be received by an account on our Service, the maximum disk space
allowable that shall be allocated on My Green Mattress's servers on the member's behalf, and/or the
maximum number of times and/or duration that any member may access our Services in a given period of
time. In addition, you also agree that My Green Mattress has absolutely no responsibility or liability for the
removal or failure to maintain storage of any messages and/or other communications or content maintained or
transmitted by our Services. You also herein acknowledge that we reserve the right to delete or remove any
account that is no longer active for an extended period of time. Furthermore, My Green Mattress shall
reserve the right to modify, alter and/or update these general practices and limits at our discretion.
MODIFICATIONS
My Green Mattress shall reserve the right at any time it may deem fit, to modify, alter and or discontinue,
whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition,
we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or
discontinuance of our Services, or any part thereof.
TERMINATION
As a member of www.mygreenmattress.com, you may cancel or terminate your account, associated email
address and/or access to our Services by submitting a cancellation or termination request to
bedhead@mygreenmattress.com.
As a member, you agree that My Green Mattress may, without any prior written notice, immediately
suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access
to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access
shall include, but is not limited to:
a) any breach or violation of our TOS or any other incorporated agreement, regulation and/or guideline;
b) by way of requests from law enforcement or any other governmental agencies;
c) the discontinuance, alteration and/or material modification to our Services, or any part thereof;
d) unexpected technical or security issues and/or problems;
e) any extended periods of inactivity;
f) any engagement by you in any fraudulent or illegal activities; and/or
g) the nonpayment of any associated fees that may be owed by you in connection with your
www.mygreenmattress.com account Services.
Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations
of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third
party with regards to the termination of your account, associated email address and/or access to any of our
Services.
The termination of your account with www.mygreenmattress.com shall include any and/or all of the
following:
a) the removal of any access to all or part of the Services offered within www.mygreenmattress.com;
b) the deletion of your password and any and all related information, files, and any such content that may
be associated with or inside your account, or any part thereof; and
c) the barring of any further use of all or part of our Services.
ADVERTISERS
Any correspondence or business dealings with, or the participation in any promotions of, advertisers located
on or through our Services, which may include the payment and/or delivery of such related goods and/or
Services, and any such other term, condition, warranty and/or representation associated with such dealings,
are and shall be solely between you and any such advertiser. Moreover, you herein agree that My Green
Mattress shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a
direct result of any such dealings or as a result of the presence of such advertisers on our website.
LINKS
Either My Green Mattress or any third parties may provide links to other websites and/or resources. Thus,
you acknowledge and agree that we are not responsible for the availability of any such external sites or
resources, and as such, we do not endorse nor are we responsible or liable for any content, products,
advertising or any other materials, on or available from such third party sites or resources. Furthermore, you
acknowledge and agree that My Green Mattress shall not be responsible or liable, directly or indirectly, for
any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with
the use of or the reliance on any such content, goods or Services made available on or through any such site
or resource.
PROPRIETARY RIGHTS
You do hereby acknowledge and agree that My Green Mattress's Services and any essential software that
may be used in connection with our Services ("Software") shall contain proprietary and confidential material
that is protected by applicable intellectual property rights and other laws. Furthermore, you herein
acknowledge and agree that any Content which may be contained in any advertisements or information
presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or
other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or
as authorized by My Green Mattress or such applicable licensor, you agree not to alter, modify, lease, rent,
loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are
based on My Green Mattress Services (e.g. Content or Software), in whole or part.
My Green Mattress herein has granted you personal, non-transferable and non-exclusive rights and/or
license to make use of the object code or our Software on a single computer, as long as you do not, and shall
not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse
assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a
security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree
not to alter or change the Software in any manner, nature or form, and as such, not to use any modified
versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to
our Services. Lastly, you also agree not to access or attempt to access our Services through any means other
than through the interface which is provided by My Green Mattress for use in accessing our Services.
WARRANTY DISCLAIMERS
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
a) THE USE OF MY GREEN MATTRESS SERVICES AND SOFTWARE ARE AT THE SOLE
RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS"
AND/OR "AS AVAILABLE" BASIS. MY GREEN MATTRESS AND OUR SUBSIDIARIES,
AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS
EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER
EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED
WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT.
b) MY GREEN MATTRESS AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS,
PARTNERS AND LICESNSORS MAKE NO SUCH WARRANTIES THAT (i) MY GREEN
MATTRESS SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) MY
GREEN MATTRESS SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED,
TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE
OBTAINED FROM THE USE OF THE MY GREEN MATTRESS SERVICES OR
SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS,
SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED
OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET
YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE
SOFTWARE SHALL BE CORRECTED.
c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAIN BY
WAY OF MY GREEN MATTRESS SERVICES OR SOFTWARE SHALL BE ACCESSED
BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE
SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND
CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER
AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY
LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH
INFORMATION OR MATERIAL.
d) NO ADVICE AND/OR INFORMATION, DESPITE WETHER WRITTEN OR ORAL, THAT
MAY BE OBTAINED BY YOU FROM MY GREEN MATTRESS OR BY WAY OF OR
FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THE TOS.
e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF
EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR
BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE
USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY
UNKNOWN CONDITION OR UNDETECTED ELILEPTIC SYMPTOM IN USERS WHO
HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU,
ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC
CONDITION, PLEASE CONSULT A PHYSICAN IF YOU EXPERIENCE ANY OF THE
FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED
VISON, EYE OR MUSCLE TWITCHES, LOSS OF AWARNESS, DISORIENTATION, ANY
INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPLICITY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT MY GREEN
MATTRESS AND OUR SUBISDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS,
PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE,
INDIRECT, INCIDENTIAL, SPECIAL, CONSEQUENIAL OR EXEMPLARY DAMAGES,
INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF
ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGILBE LOSSES, EVEN
THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES
MAY OCCUR, AND RESULT FROM:
a) THE USE OR INABILITY TO USE OUR SERVICE;
b) THE COST OF PRECURING SUBSTITUTE GOODS AND SERVICES;
c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS
AND/OR DATA;
d) STATEMENTS OR CONDUCT OF ANY SUCH THRID PARTY ON OUR SERVICE;
e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS
Should you intend to create or to join any service, receive or request any such news, messages, alerts or other
information from our Services concerning companies, stock quotes, investments or securities, please review
the above Sections Warranty Disclaimers and Limitations of Liability again. In addition, for this particular
type of information, the phrase "Let the investor beware" is appropriate. My Green Mattress's content is
provided primarily for informational purposes, and no content that shall be provided or included in our
Services is intended for trading or investing purposes. My Green Mattress and our licensors shall not be
responsible or liable for the accuracy, usefulness or availability of any information transmitted and/or made
available by way of our Services, and shall not be responsible or liable for any trading and/or investment
decisions based on any such information.
EXCLUSION AND LIMITATIONS
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OF EXCLUSION OF LAIBILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF
SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY
TO YOU.
THIRD PARTY BENEFICIARIES
You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there
shall be third-party beneficiaries to this agreement.
NOTICE
My Green Mattress may furnish you with notices, including those with regards to any changes to the TOS,
including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website
Services, or other reasonable means currently known or any which may be herein after developed. Any such
notices may not be received if you violate any aspects of the TOS by accessing our Services in an
unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have
received any and all notices that would have been delivered had you accessed our Services in an authorized
manner.
TRADEMARK INFORMATION
You herein acknowledge, understand and agree that all of the My Green Mattress trademarks, copyright,
trade name, service marks, and other My Green Mattress logos and any brand features, and/or product and
service names are trademarks and as such, are and shall remain the property of My Green Mattress. You
herein agree not to display and/or use in any manner the My Green Mattress logo or marks.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE
& PROCEDURES
My Green Mattress will always respect the intellectual property of others, and we ask that all of our users to
the same. With regards to appropriate circumstances and at its sole discretion, My Green Mattress may
disable and/or terminate the accounts of any user who repeatedly violates our TOS and/or infringes the rights
of others. If you feel that your work has been duplicated in such a way that would constitute copyright
infringement, or if you believe your intellectual property rights have been otherwise violated, you should
provide to us the following information:
a) The electronic or the physical signature of the individual that is authorized on behalf of the owner of
the copyright or other intellectual property interest;
b) A description of the copyrighted work or other intellectual property that you believe has been infringed
upon;
c) A description of the location of the site which you allege has been infringing upon your work;
d) The physical address, telephone number, and email address;
e) A statement, in which you state that the alleged and disputed use of your work is not authorized by the
copyright owner, its agents or the law;
f) And finally, a statement, made under penalty of perjury, that the aforementioned information in your
notice is the truth and accurate, and that you are the copyright or intellectual property owner,
representative or agent authorized to act on the copyright or intellectual property owner's behalf.
The My Green Mattress Agent for notice of claims of copyright or other intellectual property infringement
can be contacted as follows:
Mailing Address:
My Green Mattress
Attn: Copyright Agent
1519 W. 55TH STREET
LA GRANGE, Illinois 60525
Telephone: (877) 737-8237
Email: bedhead@mygreenmattress.com
CLOSED CAPTIONING
BE IT KNOWN, that My Green Mattress complies with all applicable Federal Communications
Commission rules and regulations regarding the closed captioning of video content. For more information,
please visit our website at www.mygreenmattress.com.
GENERAL INFORMATION
ENTIRE AGREEMENT
This TOS constitutes the entire agreement between you and My Green Mattress and shall govern the use of
our Services, superseding any prior version of this TOS between you and us with respect to My Green
Mattress Services. You may also be subject to additional terms and conditions that may apply when you use
or purchase certain other My Green Mattress Services, affiliate Services, third-party content or third-party
software.
CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and My Green Mattress with regard to the TOS that the
relationship between the parties shall be governed by the laws of the state of Illinois without regard to its
conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or
relating to the TOS, or the relationship between you and My Green Mattress, shall be filed within the courts
having jurisdiction within the County of Cook, Illinois or the U.S. District Court located in said state. You
and My Green Mattress agree to submit to the jurisdiction of the courts as previously mentioned, and agree
to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in
such courts.
WAIVER AND SEVERABILITY OF TERMS
At any time, should My Green Mattress fail to exercise or enforce any right or provision of the TOS, such
failure shall not constitute a waiver of such right or provision. If any provision of this TOS 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 the TOS remain in full
force and effect.
NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY
You acknowledge, understand and agree that your account is non-transferable and any rights to your ID
and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death
certificate, your account may be terminated and all contents therein permanently deleted.
STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or
action arising out of or related to the use of our Services or the TOS must be filed within 2 year(s) after said
claim or cause of action arose or shall be forever barred.
VIOLATIONS
Please report any and all violations of this TOS to My Green Mattress as follows:
Mailing Address:
My Green Mattress
Attn: Copyright Agent
1519 W. 55TH STREET
LA GRANGE, Illinois 60525
Telephone: (877) 737-8237
Email: bedhead@mygreenmattress.com
