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TERMS AND CONDITIONS
IMPORTANT - PLEASE READ CAREFULLY:
By visiting or using Louisville Bedding Company's Web site at www.loubed.com
and www.louisvillebedding.com
("Loubed.com") including without limitation the
computer software, associated media, printed materials and
"online" or electronic documentation, you accept and agree to
be bound by these Loubed.com Terms and Conditions. If you do not agree to
these Terms and Conditions, you do not have any right to use Loubed.com.
These Terms and Conditions are a legal contract between you and
Louisville Bedding Company for use of Loubed.com. Please read them
carefully.
PRIVACY AND ACCEPTABLE USE
Please review Loubed.com's Statement of Privacy Policy and
Acceptable
Use Policy, which also govern your use of Loubed.com and are incorporated
into these Terms and Conditions by reference.
LICENSE AND SITE ACCESS
Louisville Bedding Company grants you a limited, revokable,
non-exclusive license to access, display, copy, download and print the
materials on Loubed.com for your own personal use, provided that you keep
intact all copyright and other proprietary notices. You may create a
hyperlink to the home page of Loubed.com, provided that link does not
portray Louisville Bedding Company or its products or services in a
false, misleading, derogatory, offensive or other manner unacceptable to
Louisville Bedding Company.
You may not otherwise use Loubed.com, without the prior, express,
written consent of Louisville Bedding Company. Other than as permitted
in the preceding paragraph, examples of prohibited uses include, but are
not limited to: commercial use; downloading (other than page caching),
reproducing, duplicating, copying, modifying, republishing, posting,
transmitting, preparing derivative works, distributing, selling any
material on Loubed.com or any of the Content; using any Louisville Bedding
Company logo or other proprietary graphic or trademark as part of a
hyperlink; framing or utilizing framing techniques to enclose any
trademark, logo or other proprietary information (including images,
text, page layout or form) of Loubed.com; "mirroring" any
material contained on Loubed.com or Loubed.com's server; and using any
spiders, crawlers, meta tags or any other "hidden text"
containing Louisville Bedding Company's name or trademarks.
COPYRIGHT
All the content included on Loubed.com, including without limitation all
the text, applets, graphics, photographs, graphs, sounds, data, images,
audio and video clips, logos, button icons, images, digital downloads,
data compilations and software ("Content"), is the property of
Louisville Bedding Company or its Content suppliers and is protected by
U.S. and international copyright laws. All software used to operate Loubed.com
is the property of Louisville Bedding Company and its partner
software suppliers and is protected by U.S. and international copyright
laws. The compilation, collection, selection, arrangement, assembly and
coordination of all Content available on Loubed.com is the exclusive
property of Louisville Bedding Company and protected by U.S. and
international copyright laws. All Content available on Loubed.com may only
be used by you for your personal use and data-gathering resources. You
do not acquire any ownership rights in materials you download or copy
from Loubed.com.
TRADEMARKS
Loubed.com, the Louisville Bedding Company logo, and any other marks,
graphics, logos and service names indicated on Loubed.com are trademarks of
Louisville Bedding Company. Louisville Bedding Company's trademarks and
trade dress may not be used (i) in connection with any product or
service that is not Louisville Bedding Company's; (ii) in any manner
that is likely to cause confusion among customers; or (iii) in any
manner that disparages or discredits Louisville Bedding Company or Loubed.com. All other trademarks not owned by Louisville Bedding Company
are the property of their respective owners, who may or may not be
affiliated with, connected to or sponsored by Louisville Bedding
Company.
TERMINATION OF USAGE
Louisville Bedding Company reserves the right, at its sole
discretion, to refuse service, and remove or edit content. Louisville
Bedding Company may terminate or suspend your access to all or part of Loubed.com
without notice for any conduct that Louisville Bedding Company,
in its sole discretion, believes is in violation of any applicable law,
these Terms and Conditions or the Acceptable Use Policy, or is harmful
to the interests of Louisville Bedding Company, another user,
third-party provider, merchant, sponsor, licensor or service provider.
DISCLAIMER OF WARRANTY AND LIMITATION ON LIABILITY
INFORMATION AND MATERIALS CONTAINED ON LOUBED.COM, INCLUDING WITHOUT
LIMITATION THE CONTENT, ARE PROVIDED ON AN "AS IS" AND
"AS AVAILABLE" BASIS. LOUISVILLE BEDDING COMPANY MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE
OPERATION OF LOUBED.COM OR THE CONTENT INCLUDED ON LOUBED.COM. YOU HEREBY
AGREE THAT YOUR USE OF LOUBED.COM IS AT YOUR SOLE RISK.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, LOUISVILLE BEDDING COMPANY
DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH
RESPECT TO SUCH INFORMATION AND MATERIALS, INCLUDING BUT NOT LIMITED TO
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,
NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND IMPLIED WARRANTIES
ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION,
LOUISVILLE BEDDING COMPANY DOES NOT REPRESENT OR WARRANT THAT THE
INFORMATION ACCESSIBLE VIA LOUBED.COM IS ACCURATE, COMPLETE OR CURRENT.
LOUISVILLE BEDDING COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY
KIND ARISING FROM THE USE OF LOUBED.COM, INCLUDING, BUT NOT LIMITED TO
DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. YOUR
SOLE REMEDY IN THE EVENT OF ANY DEFICIENCY, ERROR OR INTERRUPTION IN THE
SERVICES PROVIDED WILL BE TO REQUEST THAT LOUISVILLE BEDDING COMPANY
CORRECT THE MATTER OR, IF LOUISVILLE BEDDING COMPANY FAILS TO DO SO, TO
DISCONTINUE USE OF THE SERVICE AT YOUR OPTION.
THE LAWS OF CERTAIN STATES DO NOT ALLOW LIMITATIONS ON IMPLIED
WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE
LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR
LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
CONSENT TO JURISDICTION
You consent and voluntarily submit to personal jurisdiction in the
Commonwealth of Kentucky and in the courts in such state located in
Jefferson County, Kentucky and the United States District Court for the
Western District of Kentucky in any proceeding arising out of or
relating to your use of Loubed.com or these Terms and Conditions and you
agree that all claims in respect to the proceeding may be heard and
determined in any such court. You agree that any action instituted by
you against Louisville Bedding Company with respect to these Terms and
Conditions shall be instituted exclusively in the United States District
Court for the Western District of Kentucky or, if such Court does not
have jurisdiction to adjudicate such action, in the Courts of the
Commonwealth of Kentucky located in the Jefferson County, Kentucky. You
hereby irrevocably and unconditionally waive and agree not to plead, to
the fullest extent permitted by law, any objection that you may now or
hereafter have to the laying of venue or the convenience of the forum of
any action with respect to these Terms and Conditions or Loubed.com in the
United States District Court for the Western District of Kentucky and
the Courts of the Commonwealth of Kentucky located in Jefferson County,
Kentucky. Each party agrees that a final judgment in any proceeding so
brought shall be conclusive and may be enforced by suit on the judgment
or in any other manner provided by law or in equity.
GOVERNING LAW AND GENERAL TERMS
These Terms and Conditions will be governed by and construed and
enforced in accordance with the laws of the Commonwealth of Kentucky as
they apply to a contract made and performed in such state,
notwithstanding any conflict of law principles of the law of such state.
These Terms and Conditions will not be governed by the United Nations
Convention on Contracts for the International Sale of Goods, the
application of which is expressly excluded.
SEVERABILITY
Should any term of these Terms and Conditions be declared void or
unenforceable by any court of competent jurisdiction, such declaration
will have no effect on the remaining terms hereof.
MODIFICATIONS AND WAIVER
A waiver by either party of its rights hereunder will not be binding
unless contained in a writing signed by an authorized representative of
the party waiving its rights. The nonenforcement or waiver of any
provision on one occasion will not constitute a waiver of such provision
on any other occasions unless expressly so agreed in writing. It is
agreed that no use of trade or other regular practice or method of
dealing between the parties hereto will be used to modify, interpret,
supplement or alter in any manner these Terms and Conditions.
FORCE MAJEURE
Louisville Bedding Company will not be liable for any failure to
perform its obligations hereunder where such failure results from any
cause beyond Louisville Bedding Company's reasonable control, including,
without limitation, mechanical, electronic or communications failure or
degradation.
THIRD PARTY SITES
Reference and links to third party companies and products are for
informational purposes only and constitute neither an endorsement nor a
recommendation and are not intended to suggest any affiliation unless
expressly stated on Loubed.com. You may be able to access other Internet
sites not created by Louisville Bedding Company through Loubed.com. The
reliability, availability, legality, performance and other aspects of
resources on Internet sites other than those created by Louisville
Bedding Company is beyond Louisville Bedding Company's control.
Louisville Bedding Company makes no representations or warranties with
respect to any third party sites.
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