These terms and conditions (the “Terms”) govern the relationship between (“”, “we”, “us” and “our”) and the visitors of the website (as defined below) (“You”). Our website is provided for you to browse our Products. BY ACCESSING THE WEBSITE AND SERVICES YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS AND CONDITIONS IN THESE TERMS AND THESE TERMS ARE A BINDING CONTRACT BETWEEN YOU AND . BY USING THE SERVICES, YOU AGREE TO EACH TERM SET FORTH BELOW. IF YOU DO NOT AGREE WITH ANY TERM OR CONDITION SET FORTH BELOW, DO NOT USE THE SERVICES FOR ANY PURPOSE. IF YOU HAVE ANY QUESTIONS, CALL US AT 1-800-638-0520.
“Products”, means any mattresses or other product sold online or an authorized retailer.
“Website” means the website located at awmattress.com or awmattresses.com.
Only adults over the age of eighteen (18) are permitted to use the Website and purchase the Products. IF YOU ARE UNDER 18 YEARS OF AGE, DO NOT USE OR ACCESS THE WEBSITE.
C. Variation of Mattress Size and Specification
Our mattresses use premium materials including memory foam and gel infused material. Due to the nature of these premium materials, the size and weight of each mattress may vary from those posted on the Website.
You acknowledge that any reliance upon any advice, opinion, statement, or other information displayed or distributed through the Website is at your sole risk. We reserve the right, in our sole discretion and without notice, to correct any errors or omissions in any portion of the Website, or to deny access to the Website to anyone at any time. Neither AW Mattresses nor its affiliates shall have any liability arising from your purchases of third-party goods or services based upon the information provided on the Website. You assume all risk associated with dealing with such third parties. You release and shall hold harmless AW Mattresses from and against all claims, injuries, demands, and exposures of any kind arising out of or relating to any such dealings or disputes. You also promise not to involve AW Mattresses in such dealings or disputes.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND (B) EXCEPT FOR OUR LIMITED WARRANTY, AW MATTRESSES (INCLUDING ITS OWNERS, EMPLOYEES, OFFICERS, AGENTS, ADVISORS, AND SUCCESSORS) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO THE WEBSITE (AND PRODUCTS OR SERVICES AVAILABLE VIA THE WEBSITE), IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
E. Copyright, Trademark and Limited License
All materials on the Website, including without limitation text, images, software, databases, graphics, photographs, drawings, designs, iconography, animation, videos, and writing (collectively, the “Content”) are owned or controlled by AW Mattresses, its content suppliers and/or other content providers and is protected by the copyright and trademark laws of the United States and other countries, international conventions, and other applicable laws.
You may not copy, use, download, display, reproduce, create derivative works from, transmit, sell, distribute, or in any way exploit any of the Content or any portion thereof for any public or commercial use without our prior written permission.
All trademarks, service marks, trade names, trade dress, and other branding devices (collectively, “Marks”) that appear on the Website and/or AW Mattresses Products (collectively the “AW Mattresses”) are the exclusive property of AW Mattresses and are protected by applicable intellectual property laws. In some cases, we may display Marks that are owed by third parties with whom we have a relationship. You may not display or use the AW Mattresses Marks (or Marks of third parties displayed on the Website) without our prior written authorization (or prior authorization from the applicable third party).
We grant you a limited license to use the Website for personal use only. Consequently, this grant does not allow you to do any of the following: (a) resell or make any commercial use of this Website or any of the contents of this Website; (b) modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the contents of this Website not intended to be so read, including using or directly viewing the underlying HTML or other code from this Website except as interpreted and displayed in a web browser; (c) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of the contents of this Website (including any Marks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; or (d) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the contents of the Website or to collect any information from the Website or any other user of the Website.
F. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL AW MATTRESSES, OR ANY OF ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNS OR AFFILIATES, BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO (i) THE USE OR INABILITY TO USE THE WEBSITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD-PARTY ON THE WEBSITE; (v) YOUR BREACH OF THIS AGREEMENT; AND (vi) ANY OTHER MATTER RELATING TO THE WEBSITE, THIS AGREEMENT, YOUR PERFORMANCE OR NONPERFORMANCE, OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE PRODUCT(S) FOR ANY PURPOSE WHATSOEVER. REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), OUR TOTAL LIABILITY SHALL NOT EXCEED THE PURCHASE PRICE PAID FOR THE PRODUCT/S.
IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEBSITE OR FROM US, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, FROM US IS IN ACCORDANCE WITH THIS AGREEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, BEYOND THOSE SET FORTH IN THIS AGREEMENT. WE DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY, AND IMPLIED. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS CONTRACT.
G. Governing Law
THIS AGREEMENT AND THE TERMS OF PRODUCT PURCHASE SHALL BE GOVERNED AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF MARYLAND, WITHOUT GIVING EFFECT TO THE CHOICE OF LAW PROVISIONS THEREOF.
H. California Residents – Proposition 65 Warning
It is required by the state of California that we, as the seller of our products, inform the public about the possible presence of certain chemicals in our products. While we do not believe that our products contain any of the chemicals covered under Proposition 65, or only trace amounts, we are nevertheless required to provide the following: WARNING: This product contains a chemical (or chemicals) known to the State of California to cause cancer, birth defects or other reproductive harm.
At AW Mattresses, we hold our products to the highest standards. If you have any questions about our products or Proposition 65, please contact our customer service department.
PLEASE READ THIS PROVISION CAREFULLY. IT PROVIDES THAT ANY DISPUTE MAY BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING. IN ARBITRATION, A DISPUTE IS RESOLVED BY AN ARBITRATOR INSTEAD OF A JUDGE OR JURY. THE ARBITRATOR’S DECISION WILL GENERALLY BE FINAL AND BINDING. ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN COURT PROCEDURES.
Any claim, dispute or controversy between you and us (or made by or against anyone connected with you or us, or claiming through you or us) arising from or relating to Your membership (“Claim”), including Claims regarding applicability or validity of this arbitration provision, shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association (“AAA”) (except for any AAA rules providing for class claims or class arbitration) then in effect, subject to this Agreement.
Any Claim regarding the validity or enforceability of this arbitration provision shall be governed by the laws of the State of Maryland, without giving effect to the choice of law provisions thereof. This arbitration provision is made pursuant to a transaction involving interstate commerce and, in all other respects, including the determination of any questions about whether Claims are within the scope of this arbitration provision and therefore subject to arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. §1-16 (“FAA”), and shall be resolved by interpreting the arbitration provision in the broadest way the law will allow it to be construed.
All Claims are subject to arbitration, no matter what theory they are based on or what remedy they seek. This includes Claims based on contract, tort (including intentional tort), fraud, agency, negligence, statutory or regulatory provisions, or any other source of law. Claims made and remedies sought as part of a class action, private attorney general or other representative action are subject to arbitration on an individual (non-class, non-representative) basis. As an exception to arbitration, you and we retain the right to pursue in a small claims court located in the federal judicial district that includes your billing address at the time of the Claim, any Claim that is within the court’s jurisdiction and proceeds on an individual basis.
The arbitration shall be conducted before a single arbitrator, applying to the Claims the substantive laws of the state of Maryland without giving effect to the choice of law provisions thereof. The arbitrator’s authority is limited solely to the Claims between You and Us alone. The arbitration will not be consolidated with any other arbitration proceeding. You and we do not agree to any arbitration on a class action or representative basis, and the arbitrator shall not be authorized to treat any Claim on a class action or representative basis.
Any decision rendered will be final and binding on the parties, and judgment may be entered in a court of competent jurisdiction.
Arbitration rules and forms may be obtained from the AAA at www.adr.org. Claims shall be filed in any AAA office. Any participatory hearing in connection with a Claim shall take place in Prince Georges County, Maryland.
This arbitration provision applies to all Claims now in existence or that may arise in the future.
J. Entire Agreement
This Agreement constitutes the entire agreement between you and AW Mattresses with respect to the Website and the Products and supersedes all prior agreements between you and AW Mattresses. Failure by AW Mattresses to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right.
If any portion of this Agreement is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect. This Agreement is between you and AW Mattresses. If you do not wish to be bound by these terms and conditions of use, you should not visit or use the awmattress.com or awmattresses.com Website. We reserve the right to change this Agreement from time to time at our sole discretion, without prior notice.
Serta® is a registered trademark of Serta Simmons Bedding, LLC.
Silentnight™ is a registered trademark of Silentnight Group Ltd, UK.
Highclere Castle™ is a registered trademark of Highclere Enterprises LLP, UK & licensed by LMI UK.
Sleepwell® is a registered trademark of AW Industries, Inc.