Privacy Policy and Terms of Use

MattressNerd.com Terms of Use

Welcome to MattressNerd.com! (a.k.a. Mattress Nerd, Mattress Nerd LLC, “we”, “us”, or “website” or “site”). Mattress Nerd is a website intended to provide people in the process of shopping for a new mattress with information that will help them navigate their way through the confusing and contradictory world of mattress shopping in order to obtain the best prices for the mattresses they want. Mattress Nerd provides helpful articles and newsletters, links to mattress retailers and shopping resources, and comparison shopping services.

Acceptance of Terms of Use

These Terms of Use serve as an agreement and describe the terms of the relationship between you and us. The following terms and conditions in these Terms of Use apply to your use of MattressNerd.com, including any content, services, or functionality on Mattress Nerd.

Please read these Terms of Use carefully, because by accessing MattressNerd.com you accept and agree to be bound by these Terms. If you wish to opt out of these Terms of Use, you may do so by ceasing your use of MattressNerd.com. You may also request that we delete any information you have provided us; please direct your request in writing to [insert email address] or Mattress Nerd LLC, [insert mailing address].

User Eligibility

This site is not intended for or directed to users under the age of 18.

User Responsibilities

You are responsible for your use of MattressNerd.com and the information you submit. You agree not to take any action that causes or may cause harm to Mattress Nerd, the site, and/or its users, including, without limitation, copying of content on the site (including site code), initiating denial-of-service attacks, uploading viruses, trojans, malware, spyware or other harmful or malicious software or code, hacking, or otherwise compromising site security or user information. Misuse of the site and its content may result in legal action taken against the offending user. In extreme cases, we reserve the right to report information to the relevant government authorities.

Ownership of Content

We grant you a limited, nonexclusive, nontransferrable license to access and use the website. You may not copy, modify, distribute, transmit, or display any portions of the website, including without limitation, images or the source code, without written authorization of Mattress Nerd LLC.

If you voluntarily transmit content to us, including, without limitation, content in the form of blog comments, site feedback, or Comparison Shopping Service inquiries, you grant us a perpetual, worldwide, irrevocable license to use, display, store, transmit, copy, distribute, and modify the content in any medium any for any purpose. You further assign to us any ideas for improvements to the site or its services based on any comments or feedback or other content you provide to us, and agree that we shall have no requirement or liability to you or in general for implementing said improvements.

If any third parties believe that any site content violates their copyright, they may notify us according to the procedure in the DMCA and provide us with a written takedown notice which shall include the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
  4. Information reasonably sufficient for us to contact you, such as email, mailing address, and telephone number.
  5. A statement 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.
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The notice may be addressed to jack@mattressnerd.com or Mattress Nerd LLC, 1205 Hancock St Unit 414, Quincy, MA 02169.

 

Privacy

Privacy of your information is subject to our Privacy Policy, as follows.

What information do we collect?

When you sign up for the Mattress Nerd email newsletter, you provide us with your first and last name and your email address

When you post comments on articles and pages on the Mattress Nerd website, you provide us with your name (you may elect to provide us with part of your name or your full name), your email address, your website (at your option) and your comment.

When you contact us through the Comparison Shopping Service, you provide us with your name (you may elect to provide us with part of your name or your full name), your email address, and a message subject and body in which you may provide us with information necessary to help us assist you in comparison shopping mattresses, including: links to mattresses you are considering, stores you are shopping at, prices you have been quoted, and accessories you need. We may contact you for additional information to help assist you.

We also collect analytics when you visit the site. We use Google Analytics and Clicky for our analytics. Analytics we collect from you may include (without limitation) your location (city/state/country), your ISP, your operating system, how you reach our website, and what pages you visit on our site and in what order your visit them. Analytics are aggregated and anonymized, and may not be readily identifiable to you.

What do we use your information for?

We use the information you provide us when you sign up for our email newsletter to deliver the newsletter to the email address you specify.

We use the information you provide us when you post comments on our site to display your comment to other visitors of the site. We may also use the information you send us when you submit comments to the site to provide you a direct email response to your comment.

We use the information you provide us through our Comparison Shopping Service to generate a response to your inquiries.

How is your information stored?

The information you provide us when you sign up for our email newsletter or contact us through out Comparison Shopping Service generates an email that is sent to us; the information is then stored in our email/web server.

The comments you post on our website are stored on our email/web server. Our email/web server is provided by our third-party hosting company, which uses standard security measures to store and secure information.

Analytics we collect from you are stored with our analytics providers, currently Google Analytics and Clicky, according to their standard storage and security policies.

Who is your information shared with?

We do not share information you provide us when you sign up for our email newsletter or when you contact us through our Comparison Shopping Service.

Comments you post on website pages are publicly posted and viewable by other visitors to the website. If we respond to your comment by direct email, that response is not shared with other visitors to the website.

Our analytics providers provide us with analytics that we collect; however, we do not share analytics with any other party.

We may share limited information with our affiliate partners, as described below.

Affiliates

Our website contains links to our affiliate partners’ websites. When you leave our website and go to our affiliates’ sites, your information while visiting our affiliates is handled according to their respective privacy policies, which are viewable on their websites.

Cookies

Our affiliates partners who post links and advertisements on our website may, when you click on their links, install data known as a “cookie” on the device you are using to access the website and our affiliates’ sites, which allow our affiliate to log the fact that you came from our website and track your activity on their website; this allows our affiliates to pay us a small commission at no cost to you if you visit and/or purchase from our affiliates. You may disable cookies by selecting the appropriate options in your browser’s settings; however, functions of our site and of our affiliates’ site may not work properly if cookies are disabled.

Additional Privacy Terms

This site is not intended for the use of minors, and we do not intentionally solicit the information of minors. If you are the parent or guardian of a minor child and believe we have collected your child’s information in error, please contact us at jack@mattressnerd.com and we will delete your child’s information.

We may unilaterally make changes to this Privacy Policy at any time and for any reason. We will inform you of any changes to this Privacy Policy by posting a notice on the site. Your continuing use of MattressNerd.com after such changes constitutes your acceptance of such changes. Any information collected shall be used according to the Privacy Policy in effect at the time of use.

Affiliates

We may post links from our affiliate partners. Whenever you visit and/or purchase products or services from our affiliates, we may be paid a small commission. Although we attempt to take care to work with reputable affiliate partners, we cannot guarantee or warrant the websites of or the good or services sold by our affiliate partners. You visit our affiliate partners at your own risk, and agree to indemnify and hold us harmless from any damage or loss you may suffer as a result of visiting the websites of or purchasing from our affiliate partners. However, if you have a negative experience with any of our affiliate partners, we invite you to let us know by contacting us at jack@mattressnerd.com

Limitations of Liability and Disclaimer of Warranties

Your use of the website is at your own risk. The website is provided “as is” and “as available”. We disclaim all express and implied warranties, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement, to the fullest extent permitted by law. We are not liable, to the fullest extent permitted by law, for any damages, direct or consequential, that might arise from your use of the website (including, without limitation, the non-availability of the website), and you agree to indemnify, defend, and hold us harmless from any claims, losses, damages, and expenses (including attorneys’ fees and litigation expenses) that you may have against us or a third party, or that may arise from your violation of a third party’s rights, as a result of your use of the website. In no event shall our liability to you exceed the price paid by you for the goods or services giving rise to the claim or cause of action.

Location

This website is designed and intended for users in the United States. At this time we do not offer products and services outside of the United States, nor can we guarantee the suitability or legality of this website outside of the United States. Users who access this website outside the United States do so at their own risk.

Amendment

We may unilaterally make any changes to these Terms of Use at any time and for any reason. We will notify you of any changes by posting a notice on the website. Your continuing use of MattressNerd.com after any changes have been made to these Terms of Use serves as your assent to the successive version of the Terms of Use.

Entire Agreement

These Terms of Use constitute the entire agreement regarding use of this site between us, Mattress Nerd LLC, owner and operator of this site, and you, the user, and supersede any prior agreement or understanding, oral or written, between us and you.

Waiver

Our failure to enforce any of our rights hereunder shall not constitute an express or implied waiver of said rights. Any waiver of our rights hereunder shall only be effective when given in writing. A waiver by us of any breach by you of these Terms of Use shall not constitute a waiver for any continued or subsequent breach.

Severability

If any provision of these Terms of Use is deemed by a court of competent jurisdiction to be illegal, invalid, or unenforceable, said provision shall be limited by the minimum amount necessary to render said provision enforceable, such that the purpose of said provision remains intact. If said provision cannot be limited without frustrating its purpose, it shall be eliminated, and the remaining provisions of these Terms of Use will continue in full force and effect.

Applicable Law and Forum

These Terms of Use and any use of the site will be governed by the laws of the Commonwealth of Massachusetts, without regard to conflict of laws provisions. By using this site, you agree to be subject to the exclusive personal jurisdiction of, and to bring all claims that may arise under this agreement or as a result of your use of the site in, the state and federal courts sitting in and for Norfolk County, Commonwealth of Massachusetts, and hereby waive any claim or defense of lack of personal jurisdiction or forum non conveniens.

Headings

All headings in these Terms of Use are for reference and convenience only, and have no substantive effect.

Questions, Concerns, or Feedback

If you have any questions, concerns, or feedback regarding these Terms of Use or the website in general, please contact us as jack@mattressnerd.com. By contacting us with questions, concerns, or feedback, you agree that we shall have no requirement to act on such questions, concerns, or feedback, and shall have no liability to you for any improvements to the site based on your questions, concerns, or feedback.
Effective date: 4/8/2015

Questions & Comments

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