Terms and Conditions
WEBSITE ACCESS AND LICENSE
You are solely responsible for your access to and use of the Website. You may not download (other than page caching) or modify the Website or any portion of it except as intended for use with the Website, use the Website or any portion of it for any illegal or unauthorized purpose or in a manner that violates any laws in your jurisdiction, or create or modify another website so as to falsely imply that it is associated with this Website.
This license granted herein does not permit any resale or commercial use of the Website or any of its Content, any derivative use of the Website or any of its Content, or any use of data mining, robots, or similar data gathering and extraction tools. The Website and its Content may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of FMF. Any unauthorized use shall immediately terminate the license granted herein without notice.
You agree that FMF, in its sole discretion, may terminate or suspend Your use of the Website, your account on the Website or Your use of the FMF Content at any time and for any or no reason in its sole discretion, even if access and use continues to be allowed to others. Upon such suspension or termination, You must immediately (a) discontinue use of the Website, and (b) destroy any copies You have made of any portion of the Content. Accessing the Website, or FMF Content after such termination, suspension or discontinuation shall constitute an act of trespass. Further, You agree that FMF shall not be liable to You or any third party for any termination or suspension of Your access to the Website, the FMF Systems, Information and/or the Services.
NO WARRANTIES AND LIMITATION OF LIABILITY
The Website is provided on an “as is” and “as available” basis only and FMF makes no representations or warranties of any kind, express or implied, as to the operation of the Website or the Content. Without limiting the foregoing, FMF DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. While FMF uses reasonable efforts to include accurate and up-to-date information on the Website, FMF makes no representations or warranties as to its accuracy and assumes no liability or responsibility for any errors or omissions in the Content, and FMF reserves the right to change, correct or update the Website and its Content at any time in its sole discretion.
FMF shall not be liable for any indirect, incidental, consequential, or punitive damages or for lost revenues or profits, whether or not FMF was advised of the possibility of such damages or losses and regardless of the theory of liability arising out of, in connection with, related to, or resulting from your use of or inability to use the Website, any Content, or any products advertised or mentioned on the Website.
OWNERSHIP, CONTENT, THIRD-PARTY SITES
The Website and all elements that comprise the Website, including all text, audio, video, graphics, HTML, multimedia, scripts, applets and all other content (collectively, “Content”) are owned and copyrighted or trademarked by FMF or licensed to FMF, with the exception of elements provided by partners, content providers, advertisers, and user contributors, as noted, that may also be protected by copyright or trademark or other rights. FMF’s trademarks and trade dress may not be used without FMF’s express written consent and may not be used in a manner that is likely to cause confusion among customers, or in any manner that disparages or discredits FMF.
You should not send confidential or protected information or creative materials to FMF via the Website that you do not want to become the exclusive property of FMF. Unless otherwise agreed by FMF in writing, any communication or material you transmit to FMF, including any data, questions, comments, notes, suggestions, or the like are, and will be treated as, non-confidential, non-proprietary and unprotected information. Anything you transmit to FMF shall be deemed to have been assigned to FMF, shall remain the exclusive property of FMF and may be used anywhere and in any medium, without compensation to you, by FMF or its affiliates, for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, licensing and posting. FMF shall be free to use, without compensation to you, any ideas, concepts, know-how, techniques or other intellectual property contained in any communication you send to FMF for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products using or based on such information.
The Website may contain links to other websites operated by third parties. FMF makes no representations or warranties regarding any websites, information or content that may be accessible through this Website that is not maintained, controlled or created by FMF. FMF does not endorse these sites and is not responsible for such websites, information and content.
FMF respects copyright law and expects our readers/viewers to do the same. Unauthorized copying or distribution of Content is an infringement of the copyright holder’s rights. FMF may elect to prosecute anyone who infringes upon its copyright, or other intellectual property rights. FMF will review all claims of copyright infringement received and remove Content deemed to have been posted or distributed in violation of any such laws. To make a claim, please provide the following:
- A physical or electronic signature of the copyright owner or the person authorized to act on its behalf;
- A description of the copyrighted work claimed to have been infringed;
- A description of the infringing material and information reasonably sufficient to permit FMF to locate the material;
- Your contact information, including your address, telephone number, and email;
- A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and, under the pains and penalties of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner.
- Please contact us at info@Fitmattressfactory.com or 973-528-2831 to make a claim or if you have any questions regarding a claim.
SITE POLICIES, MODIFICATION, OTHER TERMS
Please review our other policies. These policies also govern your visit to this Website. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.