Terms & Conditions
Welcome to americasmattress.com. Your access to our Web site is subject to the following Terms and Conditions of Use, which may be updated by us from time to time without notice to you. Your use of our Web site after the posting by us of any changes to this User Agreement will constitute your acceptance of those changes. If you have any questions about this User Agreement, please contact us by sending an e-mail to csr@fountainheadinmotion.com.
America's Mattress' PRIVACY POLICY
The personally-identifiable information that you provide us when using the features of our Web site is subject to our Privacy Policy, which is a part of this User Agreement. Please take the time to review the important information contained in our Privacy Policy regarding our collection and use of this information
YOUR USE OF OUR WEBSITE
You may not reproduce, duplicate, copy, sell, or otherwise transfer or commercially
exploit our Web site (or any portion of it), unless you have America's Mattress'
express written permission to do so. You may only use our Web site in accordance
with the terms of this User Agreement, any other terms applicable to the various
features of our site and all applicable laws, rules, and regulations. America's
Mattress may, in its sole discretion and at any time, discontinue the America's
Mattress Web site, or any part thereof, with or without notice. You agree that
you do not have any rights in our Web site and that America's Mattress will
have no liability to you if the America's Mattress Web site is discontinued
or your ability to access our Web site is terminated.
LINKS
Through the America's Mattress Web site, you may be able to access links to other
Web sites. Because America's Mattress has no control over such sites, you acknowledge
and agree that America's Mattress is not responsible for, and has no liability
with respect to, the availability (or unavailability) of such sites, for the
treatment of your personally-identifiable information by such sites, or for
the information, products, content or other materials on or available from
such sites or resources. If you would like information on any other site's
privacy policy, you should contact that party directly, and we encourage you
to do so.
Disclaimers
You acknowledge and agree that:
- YOUR USE OF THE AMERICA'S MATTRESS WEBSITE IS AT YOUR OWN RISK AND IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. AMERICA'S MATTRESS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. Because our Web site is provided to you "AS IS," you agree that America's Mattress shall not be liable to you or to any third party for any delay in delivery of, or failure to deliver, any of your communications or other information you submit using our Web site. Because our Web site is provide to you "AS AVAILABLE," you agree that America's Mattress shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the America's Mattress Web site or of your ability to access it.
- America's Mattress also disclaims any warranty that (i) our Web site will meet your requirements, (ii) our Web site's operation will be uninterrupted, timely, secure, or error-free, and (iii) any information or communication that may be obtained from the use of our Web site (including, but not limited to, our retailers' pricing information) will be accurate or reliable (and America's Mattress disclaims any liability for damages that may arise from your reliance on any such information or communication).
- You assume the full responsibility and risk for any damage to your computer or other consequences that result from your downloading any information, software, or other materials through our Web site. America's Mattress shall have no liability for any damage to your computer, including loss of data, that results from your downloading any such materials.
Some states do not allow the disclaimer of implied warranties, so this provision may not apply to you.
Limitation of Liability
YOU AGREE THAT AMERICA'S MATTRESS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING,
BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS OR LOSS OF GOODWILL, USE, OR DATA
(EVEN IF AMERICA'S MATTRESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
THAT RESULT FROM: (a) YOUR USE OF OR INABILITY TO USE THE AMERICA'S MATTRESS
WEBSITE; (b) ACCESS TO OR ALTERATION OF YOUR PERSONALLY-IDENTIFIABLE INFORMATION
OR OTHER INFORMATION IN AN UNAUTHORIZED MANNER; (c) REPRESENTATIONS OR CONDUCT
OF ANY THIRD PARTY RELATED TO THE AMERICA'S MATTRESS WEBSITE; OR (d) ANY OTHER
MATTER RELATING TO THE AMERICA'S MATTRESS WEBSITE. Some states do not allow
the limitation of liability, so this provision may not apply to you.
Trademarks
America's Mattress, Perfect Sleeper, Perfect Day, and all other slogans, logos,
and product and service names used on this Web site are trademarks owned by
America's Mattress. Except with respect to the creation of a link to our Web
site in accordance with America's Mattress' Linking Terms, you agree not to
display or use such trademarks, in any manner, without the written permission
of America's Mattress. Trademarks and trade names of third parties are the
property of those third parties and are used by America's Mattress subject
to license, or subject to the fair use provisions of U.S. trademark law. Users
on our Web site may post trademarks of third parties in connection with their
sale of those products. Users are expressly forbidden to misuse those marks.
Copyright
The content that America's Mattress provides on our Web site, including, but not limited to, text, graphics, images, and logos, is owned by either America's Mattress or the party that has provided the content to us and is protected by U.S. and international copyright laws. America's Mattress is the sole and exclusive owner of its compilation of this content on our Web site, and this compilation is also protected by U.S. and international copyright laws. Unpermitted copying of any of this content could lead to copyright infringement. America's Mattress expects you to respect its copyright rights, as well as the copyright rights of others.
General
You agree that this User Agreement describes the entire agreement between us with respect to its subject matter. The America's Mattress Web site was created and is operated under the laws of the State of Illinois. The laws of the State of Illinois will control the terms and conditions provided in this User Agreement, without giving effect to any principles of conflict of laws. If a court of competent jurisdiction finds that any provision of this User Agreement is invalid or enforceable, we both agree that the other provisions of this User Agreement will remain in full force and effect. You agree that regardless of any applicable law to the contrary, you cannot file a claim or cause of action arising out of or related to the America's Mattress Web site or this User Agreement more than one (1) year after such claim or cause of action arose.
Comfort Exchange Policy
Buy with confidence. We at AmericasMattress.com believe you should have a way to exchange the mattress you just purchased for a new one if it is not exactly what you wanted. It should take a few weeks for your body to adjust to your new sleeping surface. Sleep on your New Mattress for 30 nights, and if you are not fully satisfied you may exchange your new mattress for one of equal or greater value. You will be responsible for any the difference in price, if you choose a mattress of greater value. You will also be responsible for a $150 processing fee to handle this exchange. There will be NO REFUNDS on any merchandise purchased from AmericasMattress.com. All exchanges must be made between the 30th and 40th night after delivery.
Exchanges are only applicable to standard size mattresses (King, Queen, Full and Twin). There will be no exchanges on Mattresses purchased without an approved foundation. To process any comfort exchanges please contact us at info@fountainheadinmotion.com
Cancellation Policy
You may cancel your purchase within 48 hours of purchase. There will be a 15% cancellation fee on all cancelled products. Cancellations after 48 hours will incur a 15% cancellation fee and a $150 processing fee.
Refusal of Merchandise - If you refuse your mattress at time of delivery for any reason, you will be assessed a 15% restocking fee.