Holder Mattress | Terms of Use

Terms of Use

Holder Mattress > Terms of Use

The Holder Mattress Company, Inc., or its affiliates (“Holder”) maintains and provides access to this website (the “Website”) subject to the following terms of use. These terms of use, together with Holder’s other policies, such as its privacy policy, posted on the Website and incorporated herein by reference constitute a legal agreement between you and Holder. By accessing or using any part of this Website, you acknowledge that you have read and accept these terms of use. If you do not accept these terms of use, you may not access or use any part of this Website.

WEBSITE ACCESS AND LICENSE

Subject to these terms of use, Holder grants you a limited, non-exclusive right and license to access the Website and its Content (as defined below) for your own personal, private, non-commercial use.

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 Holder. Any unauthorized use shall immediately terminate the license granted herein without notice.

You agree that Holder, in its sole discretion, may terminate or suspend Your use of the Website, your account on the Website or Your use of the Holder 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 Holder Content after such termination, suspension or discontinuation shall constitute an act of trespass. Further, You agree that Holder shall not be liable to You or any third party for any termination or suspension of Your access to the Website, the Holder Systems, Information and/or the Services.

You agree that Holder, in its sole discretion, may terminate or suspend Your use of the Website, your account on the Website or Your use of the Holder 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 Holder Content after such termination, suspension or discontinuation shall constitute an act of trespass. Further, You agree that Holder shall not be liable to You or any third party for any termination or suspension of Your access to the Website, the Holder 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 Holder 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, Holder DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. While Holder uses reasonable efforts to include accurate and up-to-date information on the Website, Holder makes no representations or warranties as to its accuracy and assumes no liability or responsibility for any errors or omissions in the Content, and Holder reserves the right to change, correct or update the Website and its Content at any time in its sole discretion.

Holder shall not be liable for any indirect, incidental, consequential, or punitive damages or for lost revenues or profits, whether or not Holder 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.

You agree to indemnify, defend and hold harmless Holder and all of its officers, directors, shareholders, employees, agents and other representatives from and against any and all liability, loss or cost (including attorneys’ fees) arising out of, or related to your access to and use of the Website and any breach by you of these terms of use.

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 Holder or licensed to Holder, 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. Holder’s trademarks and trade dress may not be used without Holder’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 Holder.

You should not send confidential or protected information or creative materials to Holder via the Website that you do not want to become the exclusive property of Holder. Unless otherwise agreed by Holder in writing, any communication or material you transmit to Holder, 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 Holder shall be deemed to have been assigned to Holder, shall remain the exclusive property of Holder and may be used anywhere and in any medium, without compensation to you, by Holder or its affiliates, for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, licensing and posting. Holder 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 Holder 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. Holder 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 Holder. Holder does not endorse these sites and is not responsible for such websites, information and content.

COPYRIGHT COMPLAINTS

Holder 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. Holder may elect to prosecute anyone who infringes upon its copyright, or other intellectual property rights. Holder 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 copyrighted work claimed to have been infringed;
  • A description of the infringing material and information reasonably sufficient to permit Holder 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@holdermattress.com or 317-848-2939 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.

Holder may at any time revise these terms of use by updating this posting. You are and will be bound by such revisions and should therefore periodically visit this page to review the then-current of use to which you are bound. No waiver of these of use shall be valid unless signed in writing by an authorized representative of Holder.

By visiting this website, you agree that the laws of the state of Indiana, without regard to principles of conflict of laws, will govern these terms of use and any dispute of any sort that might arise between you and Holder. Any claim, lawsuit, or other action relating to or arising out of the Website, its use or these terms of use only shall be brought in a court of competent jurisdiction located in Hamilton County, Indiana.