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General Terms and Conditions - Bedrooms Today

 

  1. Acceptance of Terms

These terms and conditions of use (the “Terms and Conditions”) apply to the website located at www.bedroomstoday.com and/or its mobile applications (the “Site”). The Site is maintained by or on behalf of Bedrooms Today (the “Company”). Your use of the Site constitutes your unconditional agreement to follow and be bound by these Terms and Conditions. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS OF USE, PLEASE DO NOT USE THIS SITE.

The Company reserves the right to modify these Terms and Conditions at anytime by posting revised Terms and Conditions on the Site without prior notice. You should visit this page from time to time to review the then current Terms and Conditions. Your continued use of this Site following any such modification will signify your unconditional acceptance of the Terms and Conditions, as modified.

  1. Accuracy of information

The Company uses its commercially reasonable efforts to ensure that the information appearing on the pages of the Site are up-to-date and complete and contain no inaccuracies or errors. Despite all our efforts, some errors may occur and the Company will do everything possible to ensure these errors are corrected as soon as reasonably possible. The Company and its affiliates, directors, employees, officers, shareholders, agents, website designer and website provider (collectively the Associates”) make no representation as to the completeness, accuracy or correctness of any information on the Site.

  1. Intellectual Property

All trademarks, trade dress, patents, copyrights and other intellectual property rights and materials, including images, text, illustrations, logos, designs, photographs, names, trade names, icons, programs, software and other materials that are part of this Site (collectively the “Content”), including but not limited to the arrangement, compilation, design and structure of such Content is subject to and protected by trademark, copyright and patent laws and is owned, controlled, licensed or, where required, used with permission by the Company.

The Company and its suppliers and licensors expressly reserve all intellectual property rights in all Content, products, processes, technology and other materials that appear on the Site. Access to the Site does not confer upon anyone any license under any of the Company’s and third party’s intellectual property rights, except to the extent required to access and make personal use of the Site.

Certain trademarks, trade names and logos used or displayed on the Site are registered and unregistered trademarks or trade names of the Company or of its affiliates. Other trademarks, trade names and logos are registered and unregistered trademarks and trade name of their respective owners. No trademark or trade name license is granted in connection with the material contained on the Site.

You may download, copy and print selected portions of the Content and other downloadable materials displayed on this Site for your personal, non-commercial use only, and provided that you maintain all copyright and other notices contained on the Site or in the Content. Except as noted above, you are not authorized to use, reproduce, print, store, re-edit, change, download, sell or otherwise copy the Content or any other element of the Site, whether in whole or in part, for any other reason or for purposes of publication, dissemination or sale, on any medium or any format whatsoever. Be advised that the Company will fully enforce its intellectual property rights.

  1. DISCLAIMER

The following exclusions or limitations do not apply to the jurisdictions where they are prohibited by law. Please refer to your local laws for any such prohibitions.

You acknowledge, by using the Site, that your use of this Site is at your sole risk. ThE Site is provided by the COMPANY on an “as is” and “as available” basis. Neither The COMPANY nor its ASSOCIATES can ensure that any files or other data you download from the Site will be free of viruses, contamination or destructive features. The COMPANY and its associates disclaim all warranties, express or implied, including any warranties of accuracy, accessibility, merchantability, performance, durability and fitness for a particular purpose. Without limiting the generality of the foregoing, the COMPANY and its associates disclaim all warranties of any kind, express or implied, for any merchandise offered on the Site. This disclaimer constitutes an essential part of this Agreement.

  1. LIMITATION OF LIABILITY

The following limitations of liability do not apply to the jurisdiction where they are prohibited by law. Please refer to your local laws for any such prohibitions.

Under no circumstances and under no legal or other theory, whether contractual, extra-contractual, in tort, strict liability or otherwise, shall the COMPANY or any of its associates be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from or relating to the Site or these Terms and Conditions, including, without limitation, loss of data, business, profit, savings, income, use, production, reputation or goodwill, regardless of any negligence or other fault or wrongdoing by the COMPANY or any person for whom the COMPANY is responsible, and even if the COMPANY has been advised of the possibility of such loss or damage being incurred.

  1. INDEMNITY

You agree to indemnify and hold the Company and its Associates harmless form any loss, liability, claims or expenses made against the Company or against any of its Associates and arising out of or in connection with your use of the Site.

  1. OTHER SITES

This Site may contain links or references to other websites operated by other persons (the “Other Sites”). The Company is not responsible for and does not endorse the content of such Other Sites. Your use of the Other Sites is at your own risk and you will not make any claim against the Company or its Associates arising from, connected with or relating to your use of the Other Sites.

Creating or maintaining any link from Other Sites to any page on this Site without the Company’s prior written permission is prohibited.

  1. DATA INTEGRITY

You represent that all of the information, data and other materials you provide on this Site or to the Company through any other means are true, accurate, current and complete. You are responsible for correcting and updating the information you have provided on this Site, as appropriate.

  1. CONTENT YOU SUBMIT

You acknowledge that you are responsible for any content you submit through the Site, including the legality, reliability and copyright of any such content. Without limiting the generality of the foregoing, you may not upload or otherwise publish to the Site any content that (i) may contain software viruses or malware, (ii) is confidential, proprietary, invasive of privacy, infringing on intellectual property, unlawful, harmful, false, fraudulent, threatening, defamatory, obscene, harassing, hateful, abusive or otherwise objectionable, including but not limited to any content that encourages conduct that would constitute a criminal offense or otherwise violate any applicable laws.

You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. Some features that may be available on this Site require registration. By registering, you agree to provide true, accurate, current and complete information about yourself. You hereby represent, warrant and covenant that any content you provide does not include anything to which you do not have the full right to grant such a licence to the Company.

  1. SECURITY

The Company is not responsible for any activities that occur under your account and password. The maintaining of the confidentiality of your account and password and the restricting of the access to your computer is your responsibility. You may use this Site only for lawful purposes.

You are responsible for obtaining access to the Site and that access may involve third-party fees. You may not bypass any measures that have been implemented to prevent or restrict access to this Site. Any unauthorized access to the Site by you shall terminate the permission or license granted to you by the Company.

  1. TERMINATION OF USE

The Company may, in its sole discretion, terminate your account or use of the Site at anytime and without prior notice to you. To the extent this Site is a Transactional site, you are personally liable to the Company for any orders that you place or charges that you incur prior to such termination. The Company also reserves the right to change, suspend or permanently remove all or any content of the Site without prior notice.

  1. GOVERNING LAW; DISPUTE RESOLUTION

The Terms and Conditions, your use of this Site and all related matters are governed solely by the laws of the state of Ohio and applicable federals laws of the USA.

Any dispute between you and the Company or you and any other person arising from, connected with or relating to this Site, these Terms and Conditions or any related matters must be resolved before the Courts of Ohio and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those Courts in respect of any such dispute or matter.

  1. Miscellaneous

The non-enforcement of any provision hereof does not constitute a waiver of any right to enforce that provision in the future. These terms and conditions shall inure to the benefit of and be binding upon yourself, the Company and your respective successors and assigns.

If any content on this 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.

Except as otherwise expressly provided in these Terms and Conditions, there should be no third-party beneficiary to these Terms and Conditions.

You may not assign the Terms and Conditions, in whole or in part, without the prior written consent of the Company, which may be withheld at the Company’s sole discretion. The Company may assign the Terms and Conditions, in whole or in part, to any third-party in its sole discretion.

These Terms and Conditions constitute the entire agreement between you and the Company with respect to the subject matter hereof and supersede all prior or contemporaneous communications and proposals between the parties with respect to such subject matter.

  1. CONTACT

If you have any questions or comments about these Terms and Conditions or the Site, please contact us by email at: [email protected]

     15. PRIVACY AND COOKIE POLICY

Our business including our affiliates (collectively "we," "our," "us," "and "the Company") takes your privacy very seriously so we want to provide you some information on our Privacy and Cookie Policy (the "Policy"). This Policy describes how we collect, use, share and protect information obtained from customers, users and visitors to our website. By using our website, you have agreed and are additionally subject to any additional Terms of Service which incorporates this Policy by reference.
 
This Policy describes:
- How we collect and you may provide; information through our website including the domain, any mobile applications, call tracking lines and customer and user dashboard or portal (collectively, the "Sites");
- How we use and protect information;
- With whom we may share information; and
- The types of information we collect.
We put forth this Policy because we want you to be aware of the information we collect and help you make an informed decision about using our Sites and services. By visiting the Sites, linked pages, features, content or using any of our services, you acknowledge and accept the practices and policies outlined in this Policy. If you do not agree to this Policy, you may not access or otherwise use the Sites. 
 
1. WHAT INFORMATION DO WE COLLECT?
 
Information You Provide: We collect information you enter on our Site when you create an account, register, engage in a transaction, search our products, contact us by telephone or through our call tracking telephone line, email or otherwise participate in any other promotions, surveys or questionnaires we sponsor. Please note we may collect personally identifiable information ("PII") from the Sites only when you choose to provide it us. The information collected may include: contact information, payment information shipping information and purchase history.
Mobile Web and Apps: We may collect certain additional information from you when you access the Sites with mobile devices. This information may include location, device type, unique device identifies, mobile operating system, site navigation and other app-specific user data. You may restrict the collection of certain data by changing the settings preferences on your mobile device.
Interest-Based Advertising: When you interact with the Sites, advertisements or other content provided by the Company or third parties on behalf of us, through your computer, phone or mobile device ("Devices") we and third parties automatically collect non-personally identifiable information ("Non-PII") about or from your Device including without limitation cookie information, pixel tags and unique device identifiers among others. We may use this information and tie it back to the information you provide us to customize your interaction with our business allowing us to send special offers which you may have interest. This form of advertising is based on anonymous information and not on any personally identifiable information. We and our vendors know your interests but cannot personally identify you in connection with the delivery of a specific ad.
 
2. COOKIES. A cookie is a text file that websites send to a visitor's computer or other internet-connected device to uniquely identify the visitor’s browser or to store information or settings in the browser. By using the Sites you accept the use of cookies described in this Policy. You can disable or delete cookies by changing the preferences on your Device browser. Disabling cookies may, prevent you from using some of the features on the Sites. Please note cookie-based opt-outs are not effective on mobile applications. We use third-party tracking services that may use cookies to provide non-personally identifiable information and services on our Sites. These tracking services collect information about our users to assist with analysis and targeted advertising. Our Third-Party Service Providers ("Third-Party Service Providers")  may use pixel tags or web beacons to control the automated collection of Non-PII. In order to collect the kinds of information described in the Policy and to see how you interact with our Sites we or third parties may use JavaScript or other languages to send instructions to your Devices.
 
3. WHAT WE DO WITH COLLECTED INFORMATION. We may use the information you provide to us, directly or indirectly, and information we collect about you for various reasons including: to improve your user experience across the Sites, assist with marketing and advertising efforts, create, administer and communicate with our regarding your account, notify you regarding any updates or changes, in order to comply with applicable laws. We may employ Third-Party Service providers to help, on our behalf in providing analytics, advertisements, links, or other tools and services. These Third-Party Service Providers may collect Non PII through use of cookies, pixel tags or other automated means. The Third-Party Service Providers may use this information internally or share with us to assist in providing a more customized experience. We may enhance the Non-PII collected via our Site with Non-PII collected from our Third-Party Service Providers and business partners.
 
4. SHARING OF INFORMATION. We may share information we collect with our Third-Party Service Providers that we engage to help us administer and provide our service and to perform tasks on our behalf. We may also use your PII as provided by you through the Site to contact and correspond with your and/or respond to your inquiries. Additionally, we may disclose information about you if we are required to do so by law or legal process. 
 
5. CHILDREN'S PRIVACY RIGHTS. We do not knowingly collect information from anyone under the age of thirteen (13). Our Sites are not intended for or direct at children under the age of thirteen (13) years old. Any user under the age of eighteen (18) must be accompanied by an adult when accessing the Sites.
 
6. SECURITY. We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
 
7. LINKS TO OTHER SITES. Our Sites may contain embedded links that enable you to visit other sites of interest. Once you have used these links to leave our site, you should note that we do not have any control over the other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide while visiting such sites. 
 
8. WHAT CHOICES DO USERS HAVE? You can choose not to disclose information to us, however, some of this information may be necessary to take advantage of our services or features of the Sites. You can opt-out of promotions, other communications from the Company by changing preferences or clicking unsubscribe. You can also opt out of the collection of certain information collected by mobile applications by changing your setting preferences on your mobile device. You may restrict information we, and other websites, collect through the use of cookies by changing the preferences on your device browser to disable or delete cookies. If you have questions about the features on our Sites or to opt-out please contact us directly.
 
9. CHANGES IN POLICY. The information we collect through or on our Sites is covered by the privacy policy in effect at the time the information is collected. We may amend or revise this Policy from time-to-time. Any revised or amended policies will be posted on our Sites and will reflect the date it was last updated.
 
10. Our Site is maintained in the United States of America. BY using this Site, you authorize the export of your information to the USA and its storage and use as specified by this policy. 
 
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Bedrooms Today specializes in Bedroom Furniture and Mattresses. With locations in Stow, Twinsburg and Akron We feature Simmons mattresses, Beautyrest mattresses, Englander, Therapedic, and Solstice Mattresses. All made in the USA and feauturing our industries latest technology. Bedrooms Today specializes in all wood and dovetailed Bedroom Furniture and kids Furniture. We have serviced the Northeast Ohio area for over 20 years providing locally owned leadership with excellent customer service.