Information

MATTRESS MATTHEW WHITE GLOVE SERVICE

We offer Free White Glove Delivery within the continental United States. We will move your brand new Mattress Matthew bed from our showroom to your bedroom at no charge. We bring our products to your home, set them up for you, remove the packing materials and even remove your old mattress and box spring if you want us to, just let us know when you place the order. While delivery times vary depending on the distance from one of our delivery hubs to your home, average delivery time is 1 – 4 weeks depending on product availability and your location. We will send you a tracking number 1 – 5 days after your purchase and we can also help you track your order anytime; simply contact your Mattress Matthew bed customer service. We will do our best to speed up delivery time by shipping your order from the nearest location. If you need it even faster, let us know how quickly you need your new mattress when you place your order and we will do our best to accommodate you.

DELIVERY PROCESS

Our dedicated customer service team will follow through with the entire delivery process from the moment the order is placed to when the bed arrives at your home. Upon placing your order, you will receive an automated order receipt. Within 24 hours we will contact you to confirm any special delivery requests. You will receive your tracking number from customer service and our automated system. We will track your order on your behalf and resolve any issues that may arise along the way. Your dedicated customer service team and our automated system will notify you the day prior to delivery, the day of delivery and after the order is delivered. At any time during this process, you can contact us directly and the agent assigned to your order can provide any assistance you need. Now this is what we call quality customer service! We don’t sleep until you do.

ON DELIVERY DAY

When we deliver your new Mattress Matthew bed, there must be an adult 18 years or older to accept delivery and sign to accept. We’re sorry, but if there is no adult we cannot leave your new product.

SPECIAL DELIVERY REQUESTS

If there are any special delivery requests such as a specific time for delivery or any unusual circumstances such as multiple flights of stairs, please note them when you place your order and again when we call to arrange delivery. This will allow us to make sure we can accommodate your needs.  Contingent on these requests, we will do the best that we can given what is possible given the circumstances.

ADDITIONAL SERVICES

Your Mattress Matthew bed will be delivered at no charge. Setting up of the new bed and removal of the old bed may have additional charges depending on certain factors. Please contact customer service to discuss these services if it is necessary.

For remote locations and Alaska/Hawaii may incur a surcharge per order; charges will be applied to your order based on your shipping address.

RETURN POLICY

We’re passionate about delivering your best night’s sleep. That’s why we’re dedicated to producing quality products through premium materials, attention to detail and fine craftsmanship. We stand behind the quality of our products so you can buy direct from us with confidence.

We believe you’ll fall in love with your mattress. After all, 1,000,000 pain free sleep hours have been had by satisfied sleepers on their Mattress Matthew bed. We want you to be confident, so we offer our 10,000 night warranty. We just ask that you try it out for 90 nights and if you don’t love your new Mattress Matthew bed, call us and we will work with you to address your concerns. If we cannot find a way to make you happy, we will take the mattress back and refund your money with fewer shipping charges. After your first 90 nights, you can sleep soundly knowing you’re protected from product defects by our 10,000 night limited warranty on mattresses.

1. Have your order number and order receipt ready.
2. Make sure mattress is in it’s original unopened packaging.
3. Contact our customer service.

If you purchased on mattressmatthew.com, online returns or exchanges may be made within 30 days of receipt of product. If you would like to make an exchange, contact our dedicated customer service team to simply return your Mattress Matthew bed and place a new order for the desired mattress. For unused mattresses in the original, unopened packaging, we will issue a refund as long as the product is in its original condition. Defective merchandise will be evaluated upon receipt. If your product is deemed defective, we will either repair the defect or exchange the product. In the event of a refund or exchange, the cost of delivery, return, and restocking will be the responsibility of the customer once the order has been scheduled for shipping, which may occur without notification sent to the customer.

PURCHASING ONLINE

We accept debit cards, all major credit cards (Visa, MasterCard, Discover, American Express) and prepaid gift cards by Visa, MasterCard and American Express.

Once you’ve placed your order, you’ll see a confirmation page that shows the products in the order, prices and billing and delivery addresses. We encourage you to print this page for your records. You will also receive a receipt in your email as well as a follow up call or email from our dedicated customer service to ensure we have all the necessary details on shipping (and etc.) to get you sleeping on a Mattress Matthew bed.

By law we must charge sales tax for orders placed in any municipality that requires sales tax. This tax is included in the product price, so the price you see is the price you pay.

Your credit card information is secure. You can safely enter your credit or debit card information on our website. Our secure server encrypts all of the information you submit, so it is safely transmitted to us. Our customer service team do not record any payment information. All payment information is deleted or securely disposed of after every call.

Your credit card is charged when your order is placed. If you need to split your payment between multiple debit, credit, or gift card please call our dedicated customer service team and place the order with them; they’re equipped to handle these kinds of orders.

We will send a conformation email to the email address you gave us; it will include the same information as the order confirmation page. We will also send you an email when the order ships so you’ll know it’s on its way and a final email when it has been delivered.

You can find out the status of an order placed online by talking to one of our dedicated customer service staff, who can check the status for you, or you can search the tracking number provided using a search engine.

We do not sell products on e-bay, Amazon, or Craigslist, nor do we allow our authorized retailers to sell our products on these sites. Please be aware of counterfeit products. Note: products purchased on these sites are not eligible for our warranties and cannot be returned to us if they are defective.

PRIVACY POLICY

This Privacy Policy describes the information practices of Mattress Matthew and its affiliates, subsidiaries and related entities (collectively “Mattress Matthew,” “we,” “us,” or “our”). The purpose of this Privacy Policy is to inform you what information we collect from you, how we use and share such information and the choices you have regarding our collection and use. This Privacy Policy applies to information we collect about you in our stores, through our call center, when you otherwise communicate with us and when you visit or use our websites, mobile applications, and other online forums (“Online Services”).

By accessing our online services, purchasing our products and communicating or otherwise interacting with us, you are accepting and consenting to the information practices described in this privacy policy.

This Privacy Policy applies to information collected about you by Mattress Matthew. As used herein, “Personal Information” means information that personally identifies you, such as your name, email address, phone number or credit card number, and “Non-Personal Information” means information that relates to you but does not directly identify you. “Information” is collectively used herein to refer to both Personal Information and Non-Personal Information. This Privacy Policy does not apply to any third parties or any websites that might be linked to our Online Services or products.

Mattress Matthew and our third party service providers collect Information about you from a variety of sources, including Personal Information you provide directly to us when you order, purchase, or register a product, request information or samples, or otherwise communicate with us, and Information we collect about you when you access or use our Online Services and otherwise interact with us. We also collect Information about you from third parties including other online services and our business partners. We may combine any of the Information collected about you for any of the purposes described in this Privacy Policy.

Personal Information includes your name, address (both billing and shipping addresses), e-mail address, credit card information, and/or phone number. Each piece individually is a piece of Personal Information, and we collect varying amounts of Personal Information based on how you engage with us. For example, some of the places we collect Personal Information are when you order a product from us, request or subscribe to newsletters, product information, promotions or other communications from us, contact or communicate with us, participate in surveys, submit a product review, testimonial, comment, suggestion, or other content to us, access or use our pages or accounts on any third-party social media platforms such as Facebook, Twitter, or Pinterest, and/or otherwise interact with us online or by phone, mail, fax, or in person.  Based on how you interact with us and the information you share, we use the Personal Information we collected to process and communicate with you about your order, ship the products you ordered, process financing applications and credit card payments, enhance your shopping experience, communicate with you about our products and events that may be of interest to you, and for other marketing and research purposes. To help protect against fraud and identity theft, we reserve the right to request proof of identification upon any purchase.

Information Collected Automatically. Our Online Services, email messages, and advertisements use various tracking technologies that may include cookies, log file information, web beacons, location data, online analytics (collectively, “Tracking Tools”) to automatically collect Information from you. We, along with our third party service providers, use Tracking Tools for a variety of purposes, including enhancing your online experience and our product offerings. We treat Information automatically collected as Non-Personal Information. Please see below for more information regarding the Tracking Tools that we may use.

Cookies: We and our third party service providers use cookies, which are small files that are stored on your computer and allow websites to remember information about you. We use cookies to monitor how our Online Services are used, for marketing purposes, and to help personalize and improve our Online Services.

Log File Information: Log file information is automatically reported by your browser or mobile device each time you access our Online Services.  This Information may include your IP address, device and software characteristics (such as type and operating system), browser type, Internet service provider, URLs, referring/exit pages, click data, domain names, landing pages, pages viewed, and other such information.

Web Beacons: When you use our Online Services, we and our third party service providers employ web beacons (also known as clear gifs or action tags) which are used to anonymously track your online usage patterns. In addition, we may also use clear gifs in HTML-based emails sent to our users to track which emails are opened and which links are clicked by recipients. This information facilitates more accurate reporting and improvement of our Online Services.

Location Data: When you access our Online Services via a mobile device, we and our third party service providers may access, collect, monitor, and/or remotely store information regarding your mobile device, as well as real-time “location data,” which may include GPS coordinates.

Online Analytics: We use third party analytics tools, including Google Analytics, to help us measure traffic and usage trends for our Online Services.  These tools collect Information sent by your browser or mobile device, including the pages you visit and other Information, which assists us in improving our Online Services and offerings. For more information regarding how Google collects, uses, and shares your information please visithttp://www.google.com/policies/privacy/partners/.

Third Party Ad Serving Companies: We may use third-party advertising companies to serve ads when you visit our Online Services.   Such advertising companies may also separately use Tracking Tools, including cookies, in the course of delivering targeted advertisements to our Online Services.

Information We Receive From Third Parties. We may receive Information about you from third parties. For example, if you access our Online Services through a third-party connection or log-in (e.g., through Facebook), such third party may pass certain information about your use of its service to us. We may also receive Information about you from third parties such as our business partners and service providers. We may also obtain other Information about you such as change of address, contact information, or demographic information from commercially or publicly available sources.

Send to a Friend. We may give you the opportunity to tell your friends about product information and promotions. If you take advantage of our Send to a Friend option, we ask you for your friend’s and your first names and e-mail addresses to send the information to them that you requested.

Mattress Matthew uses your Information, including Personal Information, for a variety of business purposes, including:

• providing our products to you;
• processing orders and payments;
• processing and facilitating financing applications;
• product registration and warranty purposes;
• providing our Online Services to you;
• processing and managing your accounts with us;
• communicating with you;
• improving and customizing our products, Online Services, promotions, communications, and advertisements;
• responding to your inquiries, comments, or postings;
• customer service and technical support, which may include responding to your requests, resolving issues, and/or troubleshooting problems;
• for internal operations such as enhancing our product offerings, marketing efforts, and to conduct research and analysis;
• developing new products and promotions;
• for marketing purposes;
• to prevent fraud or potentially illegal activities;
• to enforce our Terms of Use;
• to comply with applicable laws, regulations, and legal process; and/or
• to protect the security and integrity of our business, brands, Online Services, customers, and third party business partners and service providers.

We may combine all the Information we collect or receive about you for any of the foregoing purposes.

Mattress Matthew shares and discloses your Personal Information under the following circumstances:

• with third parties that provide a variety of services on our behalf, including the development, maintenance, and support of our Online Services, order fulfillment, processing credit card payments, delivering packages, marketing research and analysis, communications, and customer service;
• with third party business partners in connection with our Online Services, product sales and fulfillment, and for marketing purposes;
• to comply with law, a court order, or other legal process, or in connection with a legal investigation or a request for cooperation by a government entity;
• to enforce our Terms of Use and any other applicable terms, conditions and other agreements;
• to protect the legal rights and interests of Mattress Matthew, its business partners and third party service providers, and our and their respective directors, officers, employees, representatives, and customers;
• to protect the legal rights, safety, and security of users of our Online Services;
• to protect against fraud;
• for risk management purposes;
• in connection with a corporate transaction (such as a merger, financing, acquisition or dissolution) or proceeding involving the sale, transfer, divestiture, or disclosure of all or a portion of Mattress Matthew’s business or assets. In the event of an insolvency, bankruptcy, or receivership, Personal Information may also be transferred as a business asset of Mattress Matthew, provided that the acquirer will assume the rights and obligations with respect to your Personal Information as described in this Privacy Policy;
• in aggregated or other non-personally identifiable form; and/or
• in accordance with your consent.

From time to time we might identify entities whom we believe trustworthy and who maintain privacy policies that are materially consistent with ours. In such cases we might exchange, share and/or cross–reference information, including contact information about you that will enable such entities to contact you regarding products and services that may be of interest to you.

To serve you better, we may combine information you give us online, in our stores or through our catalogs with publicly available information or information we receive from or cross–reference with these entities, our related businesses, or others. We use that combined information to enhance and personalize the shopping experience of you and others with us, to communicate with you about our products and events that may be of interest to you, and for other promotional purposes.

Any Information that you post (1) to our Online Services, such as a product review, testimonial, or comment, (2) to social media platforms such as Facebook, or (3) using a “share this” feature will be seen, collected, and used by anyone who has access thereto, including, without limitation, your user/screen name. You are responsible for all actions resulting from any Information, including Personal Information, which you post via our Online Services or social media platforms. Please remember that any Information you share or otherwise post becomes public information, is not subject to this Privacy Policy, and Mattress Matthew is not responsible for the results of such postings. Consistent with our web site terms of use, we may use any information you post to these public venues for Mattress Matthew’s commercial marketing purposes.

We provide you with the opportunity to update and/or delete certain Personal Information and to opt-out of having your Personal Information used or disclosed for certain purposes. For example, you may

• correct or update your Personal Information;
• change your preferences for certain communications (e.g., catalogues and product offers);
• choose whether to receive promotions and offers from us;
• request that we do not share your Personal Information with third parties for their marketing purposes; and/or
• request access to your Personal Information.

You may exercise your choices at the time of your product order, following the instructions provided in communications sent to you, or by contacting our customer service.

Because we plan our communications in advance, it may take several weeks for your request to become effective. If you continue to receive our communications after expressing an opt-out preference, please let us know so that we can investigate the situation. We will, however, continue to send transaction-based communications if you place an order, request a sample, request customer support, register a product, or make similar requests.

Please be aware that if you do not allow us to collect and use your Personal Information, we may not be able to deliver certain products, promotions, and offerings to you.

We seek to keep your Personal Information secure and implement reasonable technical, administrative, and physical safeguards to help us protect such information from unauthorized access, use, and disclosure. We use industry-standard encryption technology to provide for the security of customer credit card information. However, no method of electronically transmitting or storing data is ever completely secure, and therefore, we cannot guarantee that your Personal Information will never be accessed, used, or disclosed in a manner that is inconsistent with this Privacy Policy.

In the event that any Personal Information under our control is compromised as a result of a breach of security, Mattress Matthew will take reasonable steps to investigate the situation and where appropriate, notify those individuals whose information may have been compromised and take other action in accordance with any applicable laws and regulations.

Our Online Services and communications may contain links to other websites and social media platforms such as Facebook, Twitter, or Pinterest (“Linked Sites”). We are not responsible for the privacy practices, policies, or content of any Linked Sites, even if you link to them from our Online Services or communications. This Privacy Notice does not apply to any Linked Sites. We have no control over the collection or use of information, including Personal Information, on any Linked Site. We encourage you to read and understand the privacy practices of any Linked Sites that you visit.

Our Online Services are provided from within the United States and are subject to the applicable state and federal laws of the United States. If you are located outside the United States, please be aware that your Information is being transferred to and stored in the United States.  Our Online Services and the terms of this Privacy Policy may or may not comply with foreign law, so if you do not agree with this, please do not use our Online Services.

Residents of the State of California may request a list of all third parties to which we have disclosed certain personal information (as defined by California law) during the preceding year for those third parties’ direct marketing purposes.  If you are a California resident and want such a list, please contact us. For all requests, you must put the statement “Your California Privacy Rights” in the body of your request, as well as your name, street address, city, state, and zip code. In the body of your request, please provide enough information for us to determine if this applies to you.  You need to attest to the fact that you are a California resident and provide a current California address for our response.  Please note that we will not accept requests via the telephone, and we are not responsible for notices that are not labeled or sent properly, or that do not have complete information.

We do not, however, currently track your Personal Information over time and across third-party websites, or allow third parties to collect Personal Information about your online activities when you use our Online Services for such third party use.

We do not knowingly solicit or collect Personal Information online from children under the age of 13 without parental or guardian consent. Please contact us as provided below in the Contact Us section if you believe we may have collected such information without parental or guardian consent.

“Phishing” is a scam designed to steal your Personal Information. If you receive an e-mail that looks like it is from us asking you for your Personal Information, please notify us as provided below in the Contact Us section.

We may update this Privacy Policy from time to time effective upon posting the revised Privacy Policy, along with the date on which it was most recently updated, on our Online Services.  Please check our Privacy Policy periodically to see if it has been updated. If a change to this Privacy Policy materially affects the use or disclosure of your Personal Information, we will notify you by placing a more prominent notice on our home page. By continuing to use our Online Services, order products, provide us information, or otherwise interact with us thereafter, you agree to accept such changes to this Privacy Policy. Please contact us as described below if you would like information regarding any such changes.

SECURE SHOPPING

mattressmatthew.com uses Secure Sockets Layer technology to provide you with the safest, most secure shopping experience possible. SSL technology enables encryption (scrambling) of sensitive information, including passwords and credit card numbers during your online transactions.  All of the forms on our site are secured with SSL technology so your personal information stays safe and out of malicious hands. Mattress Matthew has contracted a technology company that specializes in data encryption and e-commerce so you can feel confident shopping on our website.

mattressmatthew.com servers are protected by secure firewalls – communication management computers specially designed to keep information secure and inaccessible by other internet users. So you’re absolutely safe while you shop.

SSL technology and industry standard firewalls all work together to ensure your privacy and to assist in protecting your personal data.

Our site uses SSL encryption to secure the communication of all sensitive information passing between your browser and our servers. To confirm that it is a secure connection, you should see the https://www.mattressmatthew.com in the URL. The “https” indicates that it is using SSL.  Furthermore, you should see a yellow lock at the bottom right corner of your browser.

SECURE AND SAFE PAYMENT GATEWAY

Our awesome security staff goes to great lengths to ensure the safety of our customers’ payment information. Not only are we PCI compliant and encrypt connections using SSL technology, we also encrypt payment information travelling within our company as well. All payment information is encrypted while in storage within a network that is fire-walled off from the rest of the company and the internet.

We ensure that all of our pages are constantly secure. All mattressmatthew.com pages travel over SSL even if you receive a popup stating that your site does not have a secure connection. There maybe some issues with specific versions of the internet explorer browser and how it handles images on secure pages. Thanks for shopping with confidence.

10,000 NIGHT FULL REPLACEMENT LIMITED WARRANTY

Rest easy, your new Mattress Matthew bed is covered by a 10,000 Night Full Replacement Limited Warranty. For 10,000 nights after you purchase your new mattress from Mattress Matthew or an authorized Mattress Matthew Retailer, when it has a defect covered under the warranty, we will replace or repair it. This includes all parts of the mattress, and there’s no deductible. The details of this warranty, and some limitations, are provided in the complete Warranty Description on the following pages.

WARRANTY DESCRIPTION

All Mattress Matthew mattresses are covered by the terms of this Limited Warranty. For purposes of this Limited Warranty, the term “product” means any Mattress Matthew mattress. Mattress Matthew warrants that it will, at Mattress Matthew’s option, replace or repair Purchaser’s Mattress Matthew product sold in the U.S. by an authorized retailer if that product is defective due to faulty workmanship or materials, subject to the limitations described in this Limited Warranty. Mattress Matthew undertakes no responsibility for the quality of the goods except as otherwise provided in this contract. There are no warranties that extend beyond the description on the face hereof. This Limited Warranty is valid only in connection with the original purchase of new products from authorized retailers and extends from the original purchase date of the original product purchased. An “original purchaser,” for the purposes of this Limited Warranty, is an individual or entity who purchases the product directly from Mattress Matthew or an authorized retailer of Mattress Matthew with the intent to use the product for personal consumer use and not for commercial or industrial use and not with the intent to resell the product. An “authorized retailer,” for purposes of this Limited Warranty, is an individual or entity authorized by Mattress Matthew to sell product directly to original purchasers. An individual or entity that purchases the product from whatever source with the intent to resell the product is an unauthorized re-seller (“unauthorized re-seller”).

This Limited Warranty does not apply to floor models or “demos” (except as specifically provided herein) or to products sold by unauthorized re-sellers, including without limitation, unauthorized re-sellers on third party websites, including, without limitation, Craigslist, eBay, Amazon, etc. Unauthorized re-sellers are not “original purchasers” for the purpose of this Limited Warranty. If purchaser is not the original purchaser of this product, purchaser takes the product “AS IS,” “with all faults” and without warranty. If the purchase of this product was not directly from Mattress Matthew, proof of purchase will be required to demonstrate that purchaser is the original purchaser and the product was purchased from an authorized retailer and eligible to make a valid claim under this limited warranty.

MATTRESSES

Mattress Matthew mattresses are designed to work on a firm, solid-surface, non-spring foundation that is structurally capable of supporting the weight of purchaser’s Mattress Matthew mattress and user(s). This Limited Warranty and other performance warranties are based on tests conducted on “sets” that consist of our mattresses and our bed bases. Therefore, if purchaser uses inappropriate foundations, box springs, adjustable bed bases, or bed frames with the mattress, such use will void this limited warranty and all other warranties, whether expressed or implied, including, without limitation, the implied warranties of merchantability and fitness for a particular purpose.

Mattress Matthew may require purchaser to provide proof of the quality of the foundation or bed frame used in conjunction with the mattress if purchaser makes a claim under this Limited Warranty. Mattress Matthew makes no representations whatsoever as to the structural integrity or rated load for any frame, foundation, or base not manufactured by or for Mattress Matthew. Mattress Matthew reserves the right to invalidate this Limited Warranty if the foundation is determined, in Mattress Matthew’s reasonable discretion, to be inadequate or if the mattress is found to be in an unsanitary condition.

THIS LIMITED WARRANTY COVERS THE FOLLOWING ITEMS DURING NORMAL WEAR:

Deterioration causing the mattress to have a visible indentation greater than three- fourths (0.75) of an inch that is not associated with an indentation or sag which results from use of an improper or unsupportive foundation or adjustable bed base. Normal wear requires that a purchaser’s mattress be continuously supported by a proper bed frame sufficient to support the collective weight of the mattress and foundation.

A proper bed frame must provide sturdy support for both the mattress and users; including a center support and having at least 5-6 legs for queen, king and cal king and 4 leg support for twin and full mattresses. For queen, king, and cal king slatted style bed frames, it is incumbent upon purchaser to ensure that the frame utilized offers ample structural support for the mattress and users in view of that particular slatted style frame. Failure to have a proper bed frame may invalidate the limited warranty. The use of a bed frame is important for the life and protection of your sleep system. Mattress Matthew sleep systems are not intended to sit/lay flat on the floor or on a waterbed frame or platform of untreated wood or untreated wood covered with fabric.

Please Note: Mattress Matthew highly recommends a platform bed support system or a non-compressible support system of similar quality that is designed specifically to give slatted style bed frames for queen, king and cal king mattresses additional structural support.

Any physical flaw in the mattress that causes the Mattress Matthew beds material to split or crack, despite normal usage and proper handling (as outlined in the Mattress Use & Care Instructions).

Any manufacturing defect in the assembly of the mattress cover. Mattress Matthew may, at its own option, repair or replace the cover provided on the mattress. In the event that Mattress Matthew replaces the mattress cover, Mattress Matthew will replace it with the current style of cover available for the mattress, which may be of a different color or material than the original cover provided.

THIS LIMITED WARRANTY DOES NOT COVER:

A normal increase in softness of the Mattress Matthew pressure-relieving material which does not affect the pressure-relieving qualities of the mattress.

Comfort preference.

Physical abuse or damage to the structure and/or cover material, including but not limited to, burns, cuts, tears, liquid damage, or stains. However if there is a warranty defect not caused by the abuse or damage then the mattress would be covered under the standard warranty.

Damage associated with an improper bed frame, foundation, or adjustable base.

Replacement of the accompanying piece in the Mattress Matthew sleep system where only one piece is defective, unless that accompanying piece is also defective.

Floor models or demonstration samples (“demos”) sold at a discount

Product sold by resellers who are not authorized retailers.

Product sold “as-is”, “preconditioned”, “reconditioned”, “used”, “returned”, “previously owned”, or any other similar wording indicating that the product is not “new” or of “first quality”, or has previously been purchased or used by another consumer.

PRODUCT REPLACEMENT TERMS

Except as otherwise provided herein, Mattress Matthew will not charge purchaser to repair or replace purchaser’s mattress if it is deemed defective during the length of this 10,000 Night Limited Warranty, but any transportation costs associated with repairs or replacements are purchaser’s responsibility. In certain events, the transportation costs may exceed Mattress Matthew’s then standard freight charges. No new warranty is provided with a replacement product. The warranty for the replacement product runs from the date of original purchase of the replaced product.  In connection with the replacement of a product in compliance with the terms of this Limited Warranty, if a purchaser elects to upgrade to a more expensive product, it may do so by paying the difference between the cost of the original product being replaced and the cost of the upgraded product plus the transportation cost as part of the warranty exchange. In the event of an upgrade as described in this paragraph, a new warranty will be provided for the upgraded pieces only.

DEMONSTRATION SAMPLES AND FLOOR MODELS

Demos and floor models are sold “as is” and “with all faults” and covers on demos and floor models (whether removable or not) are not warranted or guaranteed. During this Limited Warranty, demo or floor model products purchased at a discount will be repaired by Mattress Matthew at no charge to the purchaser or will be replaced for a charge equal to the cost of the replacement product less the amount paid by the original purchase for the demo or floor model. If the demo or floor model product has been discontinued then the replacement charge will be the cost of the reasonable equivalent of the discontinued item (or any upgraded item) less the amount paid by the original purchaser for the demo or floor model product.

MATTRESS COVERS

If removable, the cover (except for demo or floor model covers) initially provided for the Mattress Matthew product is warranted for 10,000 nights from the date of purchase against faults in material or workmanship. Mattress Matthew reserves the right to repair said cover. In the event that Mattress Matthew replaces the cover for the mattress, Mattress Matthew will replace it with the current style of cover available for the mattress, which may be a different color or material than the original cover.

Except for verifiable warranty defects, demos and floor models are sold “as is” and “with all faults” and covers on demos and floor models (whether removable or not) are not warranted or guaranteed. During the Limited Warranty, demo or floor model products purchased at a discount will be repaired by Mattress Matthew at no charge to the purchaser or will be replaced for a charge equal to the cost of the replacement foundation less the amount paid by the original purchase for the demo or floor model. If the demo or floor model product has been discontinued then the replacement charge will be the cost of the reasonable equivalent of the discontinued item (or any upgraded item) less the amount paid by the original purchaser for the demo or floor model product.

ADDITIONAL LIMITATIONS ON WARRANTY COVERAGE

In the event a warranty claim is filed and a warranty replacement is deemed necessary, purchaser will be required to surrender the original product to Mattress Matthew at the time of replacement. Mattress Matthew shall not be liable for incidental or consequential damages resulting from the use of this product or arising out of any breach of this warranty; the exclusive remedy for breach of this warranty shall be replacement or credit towards replacement as set forth herein. There are no express or implied warranties, including implied warranties of merchantability and fitness for a particular purpose, other than the warranty described on the face of this limited warranty.

If you and Mattress Matthew do not resolve any dispute by informal negotiation or in small claims court, any other effort to resolve the dispute will be conducted exclusively by binding arbitration. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. Instead, all disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the Federal Arbitration Act. Any court with jurisdiction over the parties may enforce the arbitrator’s award.

Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither You nor Mattress Matthew will seek to have any dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.

To the extent permitted by law, any claim or dispute under this Limited Warranty must be filed within one year in small claims court, an arbitration proceeding, or in court, if so permitted herein. The one-year period begins when the claim or Notice of Dispute first could be filed. If a claim or dispute is not filed within one year, it is permanently barred.

If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, then it will not apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. If any other provision of this section is found to be illegal or unenforceable, that provision will be severed with the remainder of this section remaining in full force and effect.

All parts of this Limited Warranty apply to the maximum extent permitted by law or unless prohibited by law. This Limited Warranty gives the purchaser specific legal rights, and the purchaser may also have other rights, which may vary from state to state.

Please retain this limited warranty and original proof of purchase for at least 10,000 nights from your date of purchase.

Mattress Matthew® Terms of Use

Welcome to the Mattress Matthew website. Mattress Matthew (“Mattress Matthew,” “us” or “we”) is the owner and operator of the Mattress Matthew website and brand. The following terms and conditions (together with any documents referred to in them) (collectively, these “Terms of Use”) apply to your use of our website and any content, functionality, and services offered at mattressmatthew.com (the “Site”).

We may revise and update these Terms of Use from time to time in our sole discretion, and will post any updates to the Terms of Use on the Site. Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes.

To communicate with us through the Site, you may be asked to provide certain information. You represent and warrant that all information provided by you is accurate and complete. Our Privacy Policy (located here) describes the personal information we collect, use, manage, disclose, and share. You may also communicate with us through comments or other interactive content on the site. These Terms of Use dictate your conduct when interacting on the Site.

We reserve the right to withdraw or amend the Site and any service or material we provide on the Site, in our sole discretion, without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site. You are responsible for ensuring that all persons who access the Site through your internet connection are aware of these Terms of Use, and that they comply with them.

All information submitted by you regarding your product purchases will be governed by our Privacy Policy. All sales on this site are governed by the terms and conditions of sale, which include our Return Policy and our Shipping Policy. In some cases, you may be directed to another retailer web site that sells the Mattress Matthew product you want to buy. We do not control, monitor, maintain, or access the personal information you may provide to that other site when purchasing our products. That site may contain privacy policies and terms of use that are different from our policies, and you should review those policies before providing personal information, and understand the terms of sale and return policies applicable to those retailers.

The Site allows you to submit reviews, comments or other information regarding our products, such as details regarding your use or information about you generally. This information will not be treated as confidential and we may publish any of your comments, in whole or in part, and by submitting any information through the review process, you grant to us a royalty-free, worldwide, perpetual and transferable right to use, copy, distribute, display, publish, sell, adapt or otherwise modify all review content. By submitting reviews or comments on the Site, you agree to the terms of our Customer Ratings and Reviews Terms and Conditions.

The Site may contain other links to websites and resources provided by third parties. These links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.

You may use the Site only for lawful purposes and in accordance with these Terms of Use. You must not: (a) modify copies of any materials from the Site; (b) use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; (c) delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Site; (d) reproduce, sell, or exploit for any commercial purposes any part of the Site, access to the Site, or use of the Site or any services or materials available through the Site; (e) reverse engineer, decompile, disassemble, reproduce, transcribe, translate into any language or computer language, re-transmit in any form by any means/attempt to discover any underlying ideas, source code, processes, techniques, technology, design, formula, engineering, or algorithms of the Site.

You agree not to: (a) use the Site in any way that violates any applicable federal, state, local, and international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); (b) use the Site in any manner that could disable, overburden, damage, or impair the Site; (c) use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including to monitor or copy any of the material on the Site; (d) use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent; (e) use any device, software, or routine that interferes with the proper working of the Site; (f) introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful; (g) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site; or (h) otherwise attempt to interfere with the proper working of the Site.

The Site and its contents, features, and functionality (including but not limited to information, software, text, displays, images, video, audio, logos, and the design, selection, and arrangement thereof, copyrightable or otherwise legally protective elements of the Site, and all trademarks, service marks, and trade names), are owned by Mattress Matthew and/or its licensors, affiliates, assigns, or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You are granted a non-exclusive, non-transferable license to access and use the Site strictly in accordance with these Terms of Use and any other legal notices on the Site, and are permitted to use the Site for your personal, non-commercial use only. Such license may not be transferred or assigned by you, and any attempted transfer or assignment in violation hereof shall be null and void. You must not copy, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Site, except to: (a) store copies of such materials temporarily in RAM; (b) store files that are automatically cached by your Web browser for display enhancement purposes; and (c) print a reasonable number of pages of the Site for a permitted use.

By using the Site and uploading any content to the site, including the use of any hashtags or other identifier associated with Mattress Matthew or any other company or brand affiliated with us, you agree to: (a) not upload, distribute, or otherwise publish any libellous, defamatory, obscene, pornographic, abusive, or otherwise illegal material, (b) not use defamatory language, or post meaningless messages or “spam;” and (c) not use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc.

You acknowledge that any user-generated content you make on the Site, including comments, forum messages, reviews, videos, photographs, etc., may be edited, removed, modified, published, transmitted, and displayed by us and you waive any rights you may have in the materials submitted and any changes made by us when posted or reposted on the Site or any other media controlled by us or our affiliates or partners.

You grant Mattress Matthew, and its local affiliated companies, a perpetual, nonexclusive, world-wide, royalty free, sub-licensable license to use any material or content you upload or share on the Site, including any content you tag or otherwise associate with Mattress Matthew, which includes without limitation the right for Mattress Matthew or any third party it designates, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify, and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning, or other technologies) in any form or media now known or developed in the future. We are not responsible for reviewing any user-generated content, but we reserve the right to delete, move, or edit any content that in our sole discretion violates these Terms of Use.

By providing any content to the Site, you are consenting to its display and publication on the Site, and any use and publication of the content by us online or offline and for any purpose, including promotional uses.

The Mattress Matthew name and all related names, logos, product and service names, designs, and slogans are trademarks of Mattress Matthew or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, brands, and marks are used for identification purposes only and are the trademarks of their respective owners.

If you believe that any content on the Site violates your copyright, please provide us with the following information as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, (“DMCA”) 17 U.S.C. § 512: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the Site; (d) your name, physical address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, his/her/its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Notices with respect to the Site should be sent to customer service.

The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. We may update the Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material. Any reliance you place on information presented on or through the Site is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

The site is provided on an “As is” and “As available” basis, without any warranties of any kind. Mattress Matthew makes no warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the site. Mattress Matthew does not represent that the content or any services obtained through the site will be accurate, reliable, error-free, or uninterrupted; that defects will be corrected; that our site or the server that makes it available are free of viruses or other harmful components or that the site or any services or items obtained through the site will otherwise meet your needs or expectations.

We hereby disclaim all warranties of any kind, either express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose.

The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

In no event will we, our affiliates, distributors, licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the site, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. The foregoing does not affect any liability which cannot be excluded or limited under applicable law.

In no event will our aggregate liability, or that of our officers, governors, employees, and agents, arising out of or in connection with these terms of use or from the use of site content exceed one hundred dollars ($100). This limitation is a fundamental element of the basis of the bargain between you and us. Some jurisdictions do not allow the exclusion or certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the above disclaimers and limitations may not apply to you.

You agree to defend, indemnify, and hold harmless Mattress Matthew, its affiliates and licensors and their respective officers, governors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms of Use or your use of the Site, including, without limitation, any use of the Site’s services and products other than as expressly authorized, or your use of any information obtained from the Site.

The existence of the Site is not intended and should not be construed to mean that we are conducting business in all states of the United States of America, or that we consent to submit to the personal jurisdiction of the state or federal courts in any state in the United States. You agree that any claim or dispute you may have arising out of or related to the Site including, without limitation, your use of the Site, your information provided to the Site, and/or these Terms of Use, the Privacy Policy, and any legal notices on this Site must be instituted within one (1) year after the claim arose (if multiple claims, from the date the first claim arose) or be forever waived and barred.

No waiver of these Terms of Use by us shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure by us to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

The Terms of Use and our Privacy Policy, together with any amendments and any additional agreements you may enter into with us in connection with the Site, constitute the sole and entire agreement between you and us with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Site.

MattressMatthew.com is an online brand owned and operated by 1743692 Ab Ltd