Here it is: the fine print. It’s unavoidable, but don’t worry, we’re here to make your life easier, so we tried to make the fine print as legible as possible. Please read on for our terms and conditions, so no one has to say, “I told you so.”
These general terms and conditions of use ("Terms of Use") govern your use of this website (www.milliardbedding.com®) (the "Site"). Your use and ability to register for use of this website and Content (defined below) constitutes your acceptance of these Terms of Use and the Privacy Policy. If you do not agree with these Terms of Use and the Privacy Policy, please discontinue use of this website and content. Each time you use the Site, you reaffirm your acceptance of the Terms of Use and any applicable additional terms at that time. If you do not wish to be bound by these Terms of Use, you may discontinue using the Site, otherwise your continued use constitutes acceptance of the Terms of Use, as modified from time to time.
This website is owned and operated by Milliard™ and its subsidiaries and affiliates (collectively "Milliard™ Brands"). Milliard™ Brands may change these Terms of Use at any time and in its sole discretion. The modified Terms of Use will be effective immediately upon posting and you agree to the new posted Terms of Use by continuing your use of the Site. You are responsible for staying informed of any changes. If you do not agree with the modified Terms of Use, your only remedy is to discontinue using the Site.
This Site presents information, content, products and services (collectively, "Content") that is owned exclusively or licensed by Milliard™ Brands. When used in these Terms of Use, "we" and "our" mean Milliard™ Brands and"you" and "your" refers to any individual, company, or legal entity that accesses or otherwise uses this website.
Additional Terms
Milliard™ Brands offers the ability to access and use certain Content, for purchase, licensing, subscription, or other payment-based arrangement through portions of this Site and other Milliard™ Brands websites. We may have established or will establish additional or different terms and conditions for such other Content, products,and services. You agree to review all applicable additional or different terms and conditions relating to Milliard™ Brands products and services. In the event of any conflict between these Terms of Use and such additional terms and conditions, the additional terms and conditions shall govern and control. Further, if you have an account with Milliard™ Brands, your customer relationship is also governed by other agreements, such as your account agreement, as applicable. In the event of any conflict between these Terms of Use and such account agreements, your account agreements shall govern and control.
Responsibility to protect your account
When you sign up to use the Site and create an account, you will be asked to create a password. You are entirely responsible for maintaining the confidentiality of your password and for all activity made by you or anyone whom you allow to use your account. You agree to safeguard your password from access by others. You agree to defend, indemnify, and hold harmless Milliard™ Brands for losses incurred by Milliard™Brands or another party due to someone else using your account as a result of your failure to use reasonable care to safe guard your password.
Responsibility for security
Milliard™ Brands assumes no liability or responsibility for any damages to you, your computer, or other property due to your access to, use of, or downloading of Content. If you download or copy Content from this website, you are responsible for taking all reasonable precautions necessary to ensure the security and integrity of your computer and systems, including employing virus protection software.
Do not rely on this site for your Financial Decisions
The Content on this Site is for convenience and information purposes only. You should verify all Content provided through this Site before you make decisions. Unless otherwise specified, nothing on this Site constitutes an offer to sell or buy any product. Account information available on this Site is not the official record of your account. Nothing on this Site should be construed as rendering any advice including tax, legal, investment, or accounting advice. The posting of any information on this Site is not a recommendation or opinion for you to buy or sell any product or participate in any transaction.
Ownership and use of Content
All of the information and Content on this Site, and any enhancements, derivative works or improvements there to, including, but not limited to, all text, databases (in any formats), analyses, inventions, processes, reports, articles, graphics, user interfaces, software applications, video and audio files and photos, and any and all worldwide intellectual property rights embodied by, arising from or related there to, including any and all patent rights, (including any applications, continuations, divisions, renewals, substitutes or reissue there of), copyrights, rights of publicity, trademarks, service marks, logos, slogans and trade dress, whether registered and unregistered ("Intellectual Property Rights"), are owned exclusively or licensed by Milliard™ Brands. The Content is protected worldwide by applicable intellectual property laws. You may make and use print outs of the Content for your personal, non-commercial use only, provided that the printouts retain without any alteration all copyright, trademark, and other proprietary notices, legends or markings. Milliard™ Brands reserves the right to terminate at any time your right to make personal copies of Content. Except as expressly stated in these Terms of Use, you may not otherwise duplicate, copy, modify, create derivative works thereof, reverse compile, disassemble or reverse engineer the Content, or display, redistribute, retransmit, republish, sell, license, lease, sublicense, assign or otherwise transfer any of the Content. You may not frame the Content within another website. Except for the limited use rights expressly provided in this paragraph, or in any additional terms and conditions, all rights in Content are reserved.
Ownership and use of Trademarks
The trademarks and service marks "Milliard" " Milliard Brands", and "Internet Retailer", and any logos, designs, slogans or other source-identifying devices, including combinations thereof (excluding any third party owned trademarks or service marks) ("VWM Trademarks") displayed on the Site are owned by Milliard™ Brands. Other proprietary Milliard™ Brands marks may be designated as such from time to time on this Site through use of the SM, TM or® symbols. Except when included in any authorized printouts of the Content, you are expressly prohibited from making any other use of VWM Trademarks,including, but not limited to, as meta tags, key words, text or other links (unless otherwise permitted by VWM in its sole discretion) or in any other fashion that may create a false or misleading impression of affiliation with or sponsorship by Milliard™ Brands.
Links
This Site may contain links to third-party websites. Milliard™ Brands does not control or endorse these third-party sites or any goods or services sold on those sites. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate.You acknowledge and agree that Milliard™ Brands is not responsible or liable for any content or other materials on these third party sites. We have not reviewed any or all such sites that may be linked to this Site and we are not responsible for any such websites linked to this Site. Your linking to any websites from this Site is at your own risk. By linking to a website or permitting a link to this Site, Milliard™ Brands does not endorse the website operator or the content of the linked website. Subject to the terms of applicable service or other agreements, we will remove any link from this Site upon request from the owner of the linked website.
Availability
Not all of the products or services described on this Site are available in all areas of the United States and/or you may not be eligible for them. We reserve the right to determine eligibility.
Activities prohibited on the site
The following is a partial list of the kinds of conduct that are illegal or prohibited on the Site. Milliard™ Brands reserves the right to investigate and take appropriate legal action against anyone who, in Milliard™ Brands' sole discretion, engages in any of the prohibited activities. Prohibited activities include - but are not limited to -the following:
• Using the Site for any purpose in violation of local, state, national, or international laws;
Posting material that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party;
• Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Milliard™ Brands in its sole discretion or pursuant to local community standards. However, Milliard™ Brands takes no responsibility for monitoring such content or in evaluating it;
• Posting advertisements or solicitations of business;
• After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
• Posting chain letters or pyramid schemes;
• Impersonating another person;
• Distributing viruses or other harmful computer code;
• Harvesting, mining or otherwise collecting information about others, including e-mail addresses, without their consent;
• Allowing any other person or entity to use your identification for posting or viewing comments;
• Posting the same note more than once or "spamming";
• Harassing, threatening, stalking, or abusing any person; or
• Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Site, or which, in the sole discretion of Milliard™ Brands, exposes Milliard™ Brands or any of its customers or suppliers to any liability or detriment of any type. Milliard™ Brands reserves the right, but is not obligated, to do any or all of the following:
• Record the dialogue or content posted on any pages of the Site;
• Investigate an allegation that anything posted on the Site does not conform to these Terms of Use and determine in its sole discretion to remove or request the removal of the posting;
• Remove postings which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms of Use;
• Terminate a user's access to the Site upon any breach of these Terms of Use;
• Monitor, edit, or disclose any posting on the Site; and
• Edit or delete any communications posted on the Site, regardless of whether such communications violate these standards.
Changes
Milliard™ Brands reserves the right to change the Content on this Site and these Terms and Conditions from time to time at any time without prior notice. The changes may include superseding terms and conditions or specific notices. YOU SHOULD REVIEW THESE TERMS AND CONDITIONS REGULARLY AND AT LEAST EACH TIME YOU USE OR VISIT THE SITE TO BE AWARE OF ANY CHANGES THAT ARE MADE.Your continued use of this Site constitutes your acceptance of any change or update, all of which shall become controlling when posted.
Children
This Site does not intend to market any Milliard™ Brands products or services to children under thirteen (13) years of age. Milliard™ Brands does not knowingly gather or solicit data from children under thirteen (13) years of age through this Site for marketing purposes. By using this Site you represent that you are not under thirteen (13) years of age.
Governing Law
These Terms and Conditions shall be governed by, and construed in accordance with, the laws of the United States and the State of New Jersey, without giving effect to conflict of law principles thereof. You expressly agree that the exclusive jurisdiction for any claim or dispute under the Terms of Use and or your use of the Site resides in the courts located in the State of New Jersey, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action.
If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any provision in these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision.
Warranties
Your use of this Site and Content is at your own risk. We strive to provide accurate and up-to-date material on this Site. However, we make no warranties or representations as to the accuracy, completeness, or timeliness of the Content. Content may become inaccurate as a result of developments after its publication on this Site. Milliard™ Brands assumes no responsibility to keep Content current or to correct inaccuracies or errors in Content. The Site and the content are provided on an "as is" basis. TO THE FULLEST EXTENT PERMITTED BY LAW, MILLIARD™ BRANDS, ITS AGENTS, ITS AFFILIATES, SUBSIDIARIES, ASSIGNS, LICENSORS, FRANCHISEES AND ITS VENDORS, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE,INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANT ABILITY,NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Milliard™Brands makes no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness, or suitability of the Site. Milliard™Brands cannot and does not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. Milliard™ Brands cannot and does not guarantee or warrant any files available for downloading from this Site will be free of infection by viruses, worms, Trojan horses, or other codes that manifest disabling, contaminating, or destructive properties. Milliard™Brands cannot and does not guarantee or warrant that any content you post on the Site will remain on the Site. Milliard™ Brands does not warrant or guarantee that the functions or services performed on the Site will be uninterrupted or error-free or that defects in the Site will be corrected.
Limitation of Liability
MILLIARD™ BRANDS'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH MILLIARD™ BRANDS IS TO DISCONTINUE YOUR USE OF THE SITE. MILLIARD™ BRANDS, ITS AGENTS, ITS AFFILIATES, SUBSIDIARIES, ASSIGNS, LICENSORS, FRANCHISEES AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THE SITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE. THESE EXCLUSIONS FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF MILLIARD™ BRANDS HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, MILLIARD™ BRANDS'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
