HOLLANDER SLEEP PRODUCTS TERMS OF USE

Terms of Use Effective Date:  March 27, 2018

 

Thanks for Visiting the GREAT SLEEP Web Site

The www.greatsleep.com web site and the www.hollander.com web site (singularly and collectively the "Site") are owned, operated and maintained by Hollander Sleep Products, LLC which does business as Hollander or Hollander Sleep Products.  We refer to Hollander or Hollander Sleep Products as the "Company", HSP, "we", "us", or "our."  We hope you enjoy using the Site.  Because of the unique and exciting nature of the Internet and our desire to provide you with a great experience, we need to point out some legal rules as they apply to your visit here and your use of our Site.  We hope this is clear.  If you have any questions after reading this, please feel free to contact us at wecare@greatsleep.com.  In addition to the lower case words "we" "us" and "our" defined above, you will notice that we capitalize certain words in these terms and conditions even though the rules of grammar do not require that they be capitalized.  We do this because these words have specific meanings in these Terms of Use.  These specific meanings are found where the capitalized words are placed inside parentheses and quotation marks.

Agreement with Our Terms and Conditions

By using this Site, you agree to accept these Terms of Use, so please be sure to read them carefully.  If you do not agree with our Terms of Use, please do not use our Site.  We reserve the right, at our discretion, to change, modify, add or remove portions of these terms and conditions at any time.  Please check this page periodically for changes.  Unless the law requires otherwise, your continued use of our Site following the posting of changes to these terms will mean that you accept those changes.

PLEASE BE ADVISED THAT TO THE EXTENT THAT WE PROVIDE ANY CONTENT FROM THIRD PARTIES (INCLUDING, BUT NOT LIMITED TO, OPINIONS AND ADVICE), SUCH CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY.  WE DO NOT INVESTIGATE THE LEGITIMACY, VALIDITY, ACCURACY AND LEGALITY OF THIRD PARTY CONTENT AND EXPRESSLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY ARISING OUT OF OR RELATING TO ANY THIRD PARTY CONTENT.

User Information

In the course of using the Site, you may provide or we may collect information about you.  We are committed to protecting the privacy of your information and explain our policies with respect to the use and disclosure of such information in our Privacy Policy incorporated into these Terms of Use.

You can create a user account on the Site that allows you to access and use certain of its functions and features. You acknowledge and agree that the user identification chosen by you for access and utilization of the Site (“Username”), and the password selected by and used by you in conjunction with the respective Username (“Password”) are to be kept secure, secret and confidential. We are authorized to accept such Username and Password as conclusive evidence that you have accessed or utilized the Site.

Accessibility

Although we cannot guarantee that all the features and functions of our Site will be fully accessible by all people with disabilities, we desire to make the GREAT SLEEP web site available to all our users, including those with disabilities.  You can help.  Please email us at wecare@greatsleep.com with the words "Disabled Access" in the subject line and provide a description of the specific feature you feel is not accessible or a suggestion for improvement.  We can't promise that we'll make the changes you suggest, but we will take your input seriously and will consider it as we evaluate ways improve our site.

Restrictions On The Use of the Materials And Contents In Our Web Site

This Site and all its content (subject to the section below entitled “Materials Submitted to Us”) are copyrighted materials protected upon their creation or compilation by U.S. and international copyright laws.  Use of the copyrighted information on our Site is exclusively for the benefit and private use of our customers.  All content and compilations of content are the exclusive property of Hollander Sleep Products, LLC and are to be used solely in connection with the purchase or potential purchase of products from the Site. 

While Hollander Sleep Products allows and encourages users of the Site to share content, we must place certain restrictions on such actions.  You may share content or link to the Site, as long as you retain all content in its original form including all Hollander Sleep Products branding and identifications.  You may not scrape, strip or alter content in any manner.  We emphasize that the Site and all of its content are copyrighted materials, protected by U.S. and international copyright laws.  

The names and logos of Hollander Sleep Products and its related companies used on this Site, examples of which are listed as below, are trademarks and/or service marks that are owned or licensed by Hollander Sleep Products.  By way of example, the following trademarks and service marks and the designs and logos associated with the marks are owned by the Company and are registered/applied for with the U.S. Patent and Trademark Office and in some cases also registered or applied for in other countries:  HOLLANDER, I AM, LIVE COMFORTABLY, PACIFIC COAST, and GREAT SLEEP.  None of the Company’s trademarks and service marks may be used by any party without express written consent of the Company, except that you are permitted to include any trademarks and service marks that are present in content you are permitted to republish as discussed above.  Also, to the extent that we include certain trademarks owned by other parties in our Site, these trademarks are property of their respective owners.  You agree not to modify any portion of the Site.  This restriction includes copying, reproducing, or modifying any names, trademarks and logos which the Company owns or has the right to use.

Material from our Site can be downloaded onto your computer and/or re-posted for personal, non-commercial use only, provided these Terms of Use are followed and copyright, trademark, or other proprietary notices are not changed or deleted.  Any modification of the materials on our Site will violate our intellectual property rights (and, possibly, the intellectual property rights of others).

Everything you download--any software, plus all files, all images incorporated in or generated by the software, and all data accompanying it, remains our property.  That means that we retain full and complete ownership to the software and to all of the associated intellectual property rights.  You cannot redistribute or sell the material, or reverse-engineer, disassemble, modify or otherwise convert it to any other form.  

Be aware that sometimes we provide access to other web sites from our Site. We do not endorse or approve any products or information offered at sites you reach through our Site. These links may include the use of so-called “share links” or a similar feature. A “share link” feature is a button and/or text link appearing on our Site that enables the launch of a sharing mechanism whereby you can post links to, and content from, the Site onto social networking web sites such as Facebook. Please be aware that the terms of use of such other web sites govern your use of those sites, including your use of share links or other posting of our content on those web sites. As a result, you are fully responsible for your own use of such web sites including your use of share links to link our to our site and/or post its content.

Materials Submitted to Us

We welcome any comments you may have regarding Hollander Sleep Products, our Site, our merchandise, and our services.  However, do not provide us with any suggestions or ideas that you consider proprietary or confidential.  Please note that any comments you submit to us through our Site, such as remarks, suggestions, ideas, graphics, or other information (“Submission”) becomes and remains our exclusive property, even if this agreement is later terminated.  This means that we will not treat any such submission (including, but not limited to, product or advertising ideas) as confidential. We will not compensate you or anyone else for any information that you provide which is used by us.

Additionally, you acknowledge that you have full responsibility for any Submission you make, including its legality, reliability, appropriateness, originality, and copyright. Hollander Sleep Products takes no responsibility and assumes no liability for any Submissions you make.

IT IS IMPORTANT TO REMEMBER THATANY SUBMISSIONS YOU MAKE MAY BE RECORDED AND STORED IN MULTIPLE PLACES, BOTH ON OUR SITE AND ELSEWHERE ON THE INTERNET AND ARE LIKELY TO BE ACCESSIBLE FOR A LONG TIME. You have no control over who will eventually see such materials.  Be careful and selective about the personal information that you disclose about yourself and others.  Do not disclose sensitive, proprietary or confidential information.

Wedding & Gift Registry

We offer wedding and other special event-planning features through the wedding & gift registry portions of the Site ("Registry Features").  In order to use the Registry Features, you will be required to submit your first name, last name, and email to the Site (“Registry User Information”). The Registry Features allow you to submit, post and/or publish materials on or through the Site including text, photos, videos and graphics ("Registry Content"). In addition, we may from time to time request your permission to use photos or other information posted on social media channels (“User Generated Content”, or “UGC” for short). The Registry User Information, Registry Content and UGC are governed by these Terms of Use and also by this section. Please read this section and the following sections carefully as some of their language is necessarily dense and legalistic. We will try to explain these portions in plain-English as best we can.

Content Indemnity 

As between you and Hollander Sleep Products, you represent,warrant, and covenant to us that you own all right, title and interest, including copyright, in and to any material you provide to us and that such material is truthful and accurate and shall not breach, infringe, contravene, or detrimentally affect any other party’s rights  and that no other party has any rights to it including so-called "moral rights."  You agree to defend, indemnify and hold Hollander Sleep Products, its affiliates, and its and their directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Site, your posting, submitting, publishing or transmitting any materials and/or your breach or violation of the law or of these Terms of Use.  Hollander Sleep Products reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Hollander Sleep Products defense of such claim.  In other words, you promise that no other company or person will claim that you stole, misappropriated or are inappropriately using the materials and that if they do, or if you do other things that may make us liable for legal claims for what you do using the Site, you will legally protect us from that claim and pay any money that might be owed as a result, whether to our lawyers, your lawyers, a court or the other person or company making the claim.

Our Right to Use the Materials

By submitting, posting or displaying materials on our Site you are automatically granting, and hereby do grant to us, a perpetual, worldwide, non-exclusive, fully paid-up, fully transferable license to use (including copy, derive display, perform, publish, modify, adapt and translate) such materials in all forms and media (the "License") to the extent such materials are not owned by us pursuant to the preceding paragraphs.  This means that our right to possess, use and display the materials anywhere and through any means will never expire including if we were to sell and/or re‑organize our business, that we will never owe you any money for it and that we may allow others to use or possess the materials, for instance to host the Site for us. 

Right to Monitor and Editorial Control

Hollander Sleep Products reserves the right, but does not have an obligation, to monitor and/or review all materials posted by users to the Site or through the Site's services or features.  We are not responsible for any such materials posted by users.  However, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms of Use, Hollander Sleep Products policies or applicable law.  We may also impose limits on certain features of the Site or restrict your access to part of or the entire Site without notice or penalty if we believe you are in breach of the guidelines set forth in this paragraph, these Terms of Use or applicable law, or for any other reason without notice or liability.

DMCA;  Copyright Agent; Repeat Infringers.  dmca@hollander.com

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes upon their rights under US copyright law. If you believe that materials we host on or through the Site infringe upon your copyright rights, you may request that the material be removed, or that access to it be blocked.  If you believe that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice.  Notices and counter-notices must meet statutory requirements imposed by the DMCA.  We suggest that you consult your legal advisor before filing a notice or counter-notice.  Hollander Sleep Products maintains a policy that provides for the termination in appropriate circumstances of Site use privileges of users who are repeat infringers of intellectual property rights. Please be aware that there can be substantial penalties for false claims.  Notices and counter-notices for the Site should be sent to:

Via Electronic Mail At:
dmca@hollander.com

 

 

Via Regular Mail At:
Karl Canto
Attn:  DMCA MAIL
Hollander Sleep Products, LLC
6501 Congress Avenue, Suite 300
Boca Raton, FL  33487

Prohibited Conduct

Any conduct by you that in Hollander Sleep Products' sole discretion restricts or inhibits any other user from using or enjoying our Site will not be permitted.  You agree to use our Site only for lawful purposes.  You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, discriminatory or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law.  In addition, you shall not post any materials that (i) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy, moral rights, rights of publicity or any other proprietary right, (ii) contain a virus, spyware, or other harmful component, (iii) contain embedded links, advertising, chain letters or pyramid schemes of any kind, or (iv) constitute or contain false or misleading indications of origin, endorsement or statements of fact.  You further agree not to impersonate any other person or entity, whether actual or fictitious, including anyone from the Site or Hollander Sleep Products. You alone are responsible for the content and consequences of any of your activities.

Disclaimer and Limitation of Liability

THE SITE CONTENT IS PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HOLLANDER SLEEP PRODUCTS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENTS, WHETHER EXPRESS OR IMPLIED OR STATUTORY.

HOLLANDER SLEEP PRODUCTS WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES THAT ACCOMPANY OR RESULT FROM YOUR USE OF OUR SITE.  THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY USE OF (OR INABILITY TO USE) OUR SITE OR ANY OTHER WEB SITE TO WHICH YOU HYPERLINK FROM OUR SITE, FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE.

FURTHERMORE, WE ARE NOT LIABLE EVEN IF WE'VE BEEN NEGLIGENT OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Limitation of Liability

IN NO EVENT SHALL HOLLANDER SLEEP PRODUCTS OR ITS AFFILIATES, AGENTS, PARTNERS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR PROFIT, OR DUE TO BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO YOUR USE OF THE HOLLANDER SLEEP PRODUCTS SITE OR APP AND ANY THIRD PARTY CONTENT OR SERVICES, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT HOLLANDER SLEEP PRODUCTS OR ITS AUTHORIZED REPRESENTATIVE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, HOLLANDER SLEEP PRODUCTS’ AGGREGATE LIABILITY TO YOU, WHETHER IN CONTRACT, TORT, STATUTE OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00).  BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THESE LIMITATIONS MAY NOT APPLY TO YOU.

EXCEPTION:  IN CERTAIN STATES THE LAW MAY NOT ALLOW US TO LIMIT OR EXCLUDE LIABILITY FOR THESE "INCIDENTAL" OR "CONSEQUENTIAL" DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY.

This site may contain typographical errors or inaccuracies and may not be complete or current.  Hollander Sleep Products therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.  Please note that such errors, inaccuracies or omissions may relate to pricing and availability.  We apologize for any inconvenience. 

Jurisdiction

Unless otherwise specified, the materials in our Site are presented to provide information about Hollander Sleep Products, its products and services offered for sale and to provide related services and information to visitors.

Hollander Sleep Products’ corporate headquarters are located in Boca Raton, Florida, U.S.A.  We in no way imply that the materials on our Site are appropriate or available for use outside of the United States.  If you use our Site from locations outside of the United States, you are responsible for compliance with any applicable local laws.  In addition, you may not use or export the materials in violation of U.S. export laws and regulations.

Additional Points about the Terms and Conditions of this User Agreement  

These terms and conditions and the agreement they create, shall be governed by and interpreted according to the laws of the State of Florida without applying the State's conflict-of-law principles.  You consent to the subject matter and personal jurisdiction, proper forum and proper venue of the courts of Palm Beach County, Florida and the United States District Court for the Southern District of Florida in Boca Raton, Florida. 

If any provision of this Terms of Use is unlawful, void or unenforceable, it will not affect the validity and enforceability of any remaining provisions.  Hollander Sleep Products may modify these terms and conditions, and the agreement they create, at any time, simply by updating this posting and without notice to you.  This is the entire agreement regarding all the matters that have been discussed in the preceding paragraphs.