This website, located at http://www.meridianmattress.com (the “Site”), is owned and operated by Meridian Mattress Factory (“Company”) whose contact information is located here: Contact Us. By using and accessing the Site, you expressly acknowledge that you have read and understand these terms of use (“Terms of Use”) and agree to be bound by the Terms of Use. “You” or “Your” means you the visitor of the Site.
The Terms of Use, which incorporates the Company’s Privacy Policy, constitutes a legally-binding agreement between You and Company. The Terms of Use constitutes the entire agreement between You and Company as it relates to Your use of the Site, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between You and Company with respect to the Site. In the event of a conflict between the Privacy Policy and Terms of Use related to the collection of information from You, the Privacy Policy shall control to the limited extent of such conflict. In the event of any other form of conflict between the Privacy Policy and Terms of Use, the Terms of Use shall control to the limited extent of such conflict.
Conditions Governing Use of Site
The Site is operated to provide general information about the Company and for advertising or marketing purposes. The material on the Site should not be regarded as an offer to sell, or a solicitation of an offer to buy, any particular Company product and/or service, or real property interest featured on the Site.
The information that we make available on the Site is not necessarily accurate, complete or current. Because we provide this material for general information only, You should not rely upon or use it as the sole basis for making significant decisions without consulting primary or more accurate, more complete, or timelier sources of information. If You rely on the material on the Site, that reliance will be at Your own risk. Although we may modify the contents of the Site, we do not have any obligation to update it. It is Your responsibility to monitor changes.
Application of Terms of Use
When You enter and use the Site, You accept and are bound by these Terms of Use, and You represent that You have read and agree to the Terms of Use. If at any time, You determine that You do not accept all of the Terms of Use, You should stop using the Site and destroy all materials and copies of materials You have obtained while using the Site.
Company may change these Terms of Use at any time at its sole and exclusive discretion by posting any revised terms on the Site. You should check periodically for any changes that we may have made. If You continue to use the Site after a change is made, You accept and are bound by the updated Terms of Use.
Conduct
You may not use the Site to:
You agree to indemnify, defend, and hold Company and our subsidiaries, partners, employees, and affiliates, harmless from any liability, loss, claim, and expense, including reasonable attorney’s fees, related to Your violation of the Terms of Use or use of the Site. Company reserves the right to monitor use of the Site to determine compliance with these Terms of Use, and Company reserves the right to terminate Your access to any or all of the Site at any time without notice for any reason whatsoever.
Provisions Regarding Jurisdiction
Company is incorporated in the state of Mississippi and its principal place of business is in Mississippi, in the United States of America, and the Site is operated in the United States. The laws of the state of Mississippi govern the Terms of Use and Your use of the Site, and You irrevocably consent to the exclusive jurisdiction of the courts located in Lauderdale County, Mississippi for any action to enforce these terms and conditions.
We recognize that it is possible for You to obtain access to the Site from any jurisdiction in the world, but we have no practical ability to prevent such access. The Site has been designed to comply with the laws of Mississippi and of the United States. If any material on the Site, or Your use of the Site, is contrary to the laws of the place where You are when You access it, the Site is not intended for You, and we ask You not to use the Site. You should inform Yourself of the laws of Your jurisdiction and comply with them.
General Liability, Disclaimer of Warranties
THE SITE AND ANY SITE OR SITES LINKED TO THE SITE ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES.
COMPANY, ITS AFFILIATES/SUBSIDIARIES, THEIR DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS OR ANY OTHERS INVOLVED IN THE CREATION OF THE SITE SHALL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF ACCESS TO OR USE OF ANY CONTENT OF THE SITE OR THE CONTENT OF ANY SITE OR SITES LINKED TO THE SITE, INCLUDING BUT NOT LIMITED TO COMPANY’S NEGLIGENCE, YOUR ACCESS TO AND USE OF THE SITE, THE UNAVAILABILITY OF THE SITE, ERRORS OR INACCURACIES CONTAINED ON THE SITE, OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF, OR MATERIAL POSTED BY, ANY USER OF THE SITE, EVEN IF YOU HAVE ADVISED COMPANY IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGE.
COMPANY, ITS AFFILIATES/SUBSIDIARIES, THEIR DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS OR ANY OTHERS INVOLVED IN THE CREATION OF THE SITE SHALL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES FOR ANY DAMAGE TO YOUR COMPUTER, COMPUTER SYSTEM OR OTHER PROPERTY, DURING OR ON ACCOUNT OF ACCESS OR USE OF THE SITE OR ANY SITES TO WHICH THE SITE LINKS, INCLUDING BUT NOT LIMITED TO DAMAGE CAUSED BY COMPUTER SOFTWARE ROUTINES SUCH AS VIRUSES, “WORMS” OR “TROJAN HORSES,” “TIME BOMBS,” “DROP DEAD DEVICES.”
User Information
We will treat any information, communication or material You provide, post, or transmit to us through the Site as non-confidential and non-proprietary. That material will become our exclusive property. We will use that material, however, only in a manner that is consistent with the terms of the Privacy Policy.
We will not collect Your personal information unless You specifically provide it. We may record Your domain name or names in order to compile statistical records on Your and other visitors’ use of the Site. You cannot be individually identified or contacted through this information.
We may also use “cookie” technology. These cookies may tell us whether You have visited the Site before or are a new visitor and what material on the Site You have viewed. The cookies also may enable the sending of electronic mail messages from the Site.
We will not sell or otherwise provide to third parties any personal information You provide us through use of the Site or communications with or through the Site except as specifically set forth in the Company’s Privacy Policy. We do, however, reserve the right to provide such records or information to law enforcement officials or other government entities if we are required to do so by law or if we, in our sole discretion, believe providing that information to be appropriate.
We may change these Terms of Use in the future at any time in our sole discretion by posting any revisions to the Site. It is Your responsibility to monitor changes to the Terms of Use.
Our Site may contain links to other websites. We do not control these other websites, and You should consult these other websites’ privacy policies/terms of use regarding the use of Your information.
The Use of Intellectual Property
The Site and all of its contents are protected by copyright, trademark, and other laws of the United States, as well as international conventions and the laws of other countries.
The Site and the contents of the Site are owned and controlled by the Company, or the party credited as the provider of the particular content at issue, if different than the Company.
You may browse through the Site and download copies of materials on the Site that are of personal interest to You for personal, non-commercial use. You must keep intact all copyright, trademark, and other notices contained in any personal copies. No part of the information on the Site may be distributed, copied, modified, revised, transmitted, or reproduced for commercial or non-personal use without the prior written consent of the Company.
Digital Millennium Copyright Act (“DMCA”)
Company recognizes the intellectual property rights of others and follows set procedures to respond, pursuant to the Digital Millennium Copyright Act, to claims of copyright infringement. If You believe Your work has been copied in a way that constitutes copyright infringement, or Your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:
Our Copyright Agent for Notice of claims of copyright infringement (as registered with the U.S. Copyright Office) on the Site is Thomas Crudup, who can be reached as follows:
By Mail: Meridian Mattress Factory
Attn. Thomas Crudup
200 26th Ave. S
Meridian, MS 39301
By Phone: (601) 693-3875
By E-mail: contactus@meridianmattress.com
Please also send a carbon copy of the above notice to webmaster@meridianmattress.com.
Relationship of the Parties
Nothing contained in this Terms of Use or Your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee, or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability, or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
Severability
If any provision of the Terms of Use shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect.
Waiver
The failure of Company to exercise or enforce any right or provision of the Terms of Use shall not operate as a waiver of such right or provision. Any waiver of the Terms of Use by Company must be in writing and signed by an authorized representative of Company.
Contact Us
If You have any comments regarding the Site, our Privacy Policy, or the Terms of Use governing Your use of the Site, please Contact Us.