Agreement between User and https://textabed.com/

Welcome to https://textabed.com/. The https://textabed.com/ website (the “Site”) is comprised of various web pages operated by Text-a-Bed (“Text-a-Bed”). https://textabed.com/ is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of https://textabed.com/ constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference.

The purpose of this website is to provide information about businesses associated with Text-a-Bed.

Privacy
Your use of https://textabed.com/ is subject to Text-a-Bed’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications
Visiting https://textabed.com/ or sending emails to Text-a-Bed constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Children Under Thirteen
Text-a-Bed does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use https://textabed.com/ only with permission of a parent or guardian.

Links to Third Party Sites/Third Party Services
https://textabed.com/ may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Text-a-Bed and Text-a-Bed is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Text-a-Bed is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Text-a-Bed of the site or any association with its operators.

Certain services made available via https://textabed.com/ are delivered by third party sites and organizations. By using any product, service or functionality originating from the https://textabed.com/ domain, you hereby acknowledge and consent that Text-a-Bed may share such information and data with any third party with whom Text-a-Bed has a contractual relationship to provide the requested product, service or functionality on behalf of https://textabed.com/ users and customers.

No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use https://textabed.com/ strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Text-a-Bed that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Text-a-Bed or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Text-a-Bed content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Text-a-Bed and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Text-a-Bed or our licensors except as expressly authorized by these Terms.

International Users
The Service is controlled, operated and administered by Text-a-Bed from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Text-a-Bed content accessed through https://textabed.com/ in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification
You agree to indemnify, defend and hold harmless Text-a-Bed, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Text-a-Bed reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Text-a-Bed in asserting any available defenses.

Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision, shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. TEXT-A-BED AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

TEXT-A-BED AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. TEXT-A-BED AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TEXT-A-BED AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF TEXT-A-BED OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction
Text-a-Bed reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New York and you hereby consent to the exclusive jurisdiction and venue of courts in Texas in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Text-a-Bed as a result of this agreement or use of the Site. Text-a-Bed performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Text-a-Bed right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Text-a-Bed with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Text-a-Bed with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Text-a-Bed with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms
Text-a-Bed reserves the right, in its sole discretion, to change the Terms under which https://textabed.com/ is offered. The most current version of the Terms will supersede all previous versions. Text-a-Bed encourages you to periodically review the Terms to stay informed of our updates.

Contact Us
Text-a-Bed welcomes your questions or comments regarding the Terms:

Text-a-Bed
57 Oser Ave.
Hauppauge, New York 11788

Email Address:
info@textabed.com

Telephone number:
631-887-9109

Effective as of July 27, 2018

Protecting your private information is our priority. This Privacy Policy applies to https://textabed.com/ (the “Site”) and related digital sites and properties, and governs data collection and usage. For the purposes of this Privacy Policy, unless otherwise noted, all references to Text-a-Bed include https://textabed.com/. By using the Text-a-Bed website, you consent to the data practices described in this statement.

Collection of your Personal Information
In order to better provide you with products and services offered on our Site, Text-a-Bed may collect personally identifiable information, such as your:

– First and Last Name
– Mailing Address
– E-mail Address
– Phone Number

We do not collect any personal information about you unless you voluntarily provide it to us. However, you may be required to provide certain personal information to us when you elect to use certain products or services available on the Site. These may include: (a) entering a sweepstakes or contest sponsored by us or one of our partners; (b) signing up for special offers; (c) sending us an email message or text; and (d) submitting your identifying information, address, credit card or other payment information when ordering and purchasing products and services on our Site (any of the foregoing, “Personal Information”). We will use your Personal Information for, but not limited to, communicating with you in relation to services and/or products you have requested from us. We also may gather additional personal or non-personal information in the future.

Use of your Personal Information
Text-a-Bed collects and uses your Personal Information to operate its website(s) and deliver the services you have requested.

Text-a-Bed may also use your Personal Information to inform you of other products or services available from Text-a-Bed and its affiliates.

Sharing Information with Third Parties
Text-a-Bed does not sell, rent or lease its customer lists to third parties. Similarly, Text-a-Bed will never contact you on behalf of external parties about a particular offering that may be of interest to you. However, Text-a-Bed may share data with trusted partners to help perform statistical analysis, process payments, send you email or postal mail, provide customer support, or arrange for deliveries or returns. All such third parties are prohibited from using your Personal Information except to provide these services to Text-a-Bed, and they are required to maintain the confidentiality of your information.

Text-a-Bed may disclose Personal Information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to legal requirements or comply with legal process served on Text-a-Bed or the site; (b) protect and defend the rights or property of Text-a-Bed; and/or (c) act under exigent circumstances to protect the personal safety of users of Text-a-Bed, or the public.

Automatically Collected Information
Information about your computer hardware and software may be automatically collected by Text-a-Bed. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the Text-a-Bed website.

Links
This website may contain links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.

Security of your Personal Information

Text-a-Bed secures your Personal Information from unauthorized access, use, or disclosure. Text-a-Bed uses the following methods for this purpose:

– SSL Protocol

When Personal Information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Sockets Layer (SSL) protocol.

We strive to take appropriate security measures to protect against unauthorized access to or alteration of your personal information. Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your Personal Information, you acknowledge that: (a) there are security and privacy limitations inherent to the Internet which are beyond our control; and (b) security, integrity, and privacy of any and all information and data exchanged between you and us through this Site cannot be guaranteed.

Use of Cookies
Text-a-Bed website may use “cookies” to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.

One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize Text-a-Bed pages, or register with Text-a-Bed site or services, a cookie helps Text-a-Bed to recall your specific information on subsequent visits. This simplifies the process of recording your Personal Information, such as billing addresses, shipping addresses, and so on. When you return to the same Text-a-Bed website, the information you previously provided can be retrieved, so you can easily use the Text-a-Bed features that you customized.

You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Text-a-Bed services or websites you visit.

Children Under Thirteen
Text-a-Bed does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website — or to jump on their new Text-a-Bed mattress.

Opt-Out & Unsubscribe from Third Party Communications
We respect your privacy and give you an opportunity to opt-out of receiving announcements of certain information. Users may opt-out of receiving any or all communications from third-party partners of Text-a-Bed by contacting us at info@textabed.com.

E-mail Communications
From time to time, Text-a-Bed may contact you via email for the purpose of providing announcements, delivery updates, promotional offers, alerts, confirmations, surveys, and/or other general communication.

If you would like to stop receiving marketing or promotional communications via email from Text-a-Bed you may opt out of such communications by clicking on the UNSUBSCRIBE button or directly emailing Text-a-Bed at info@textabed.com.

External Data Storage Sites
We may store your data on servers provided by third party hosting vendors with whom we have contracted.

Changes to this Statement
Text-a-Bed reserves the right to change this Privacy Policy from time to time. We will notify you about significant changes in the way we treat Personal Information by sending a notice to the primary email address specified in your account, by placing a prominent notice on our site, and/or by updating any information on this page. Your continued use of the Site and/or Services available through this Site after such modifications will constitute your: (a) acknowledgment of the modified Privacy Policy; and (b) agreement to abide and be bound by that Policy.

Contact Information
Text-a-Bed welcomes your questions or comments regarding this Statement of Privacy. If you believe that Text-a-Bed has not adhered to this Statement, please contact Text-a-Bed at info@textabed.com.

Effective as of July 27, 2018

COMING SOON

Until now, the experience of shopping for a new mattress has been about as fun as buying a used car or waiting for the cable installer. Bet you’ve recognized that every retailer uses a different model name to avoid easy price and feature comparisons, for instance. And did you ever notice how the traditional mattress retailers advertise big Presidents Day sales? Why should you have to wait for a sale to get a good mattress at a fair price?

The Internet has made just about every other buying experience easier – we think it’s time that buying mattresses should be like that, too. So when we needed mattresses for our new houses, we didn’t stop there. We founded Text-a-bed — on the premise that:

– we just wanted a high quality, state-of-the-art product, at a good value
– we thought we should be able to get a fair price every day, and not have to wait for a sale
– we believe gimmicks and hard sales are annoying and insulting
– we believe that when it occurs to you that it’s time for a new mattress, it would be nice for it to show up tomorrow
– we believe that the people who deliver your new mattress should also take away your old mattress free of charge and dispose of it in an eco-friendly way

So, that’s how and why we created Text-a-bed. We gave the company a simple name that stands for convenience. We guess we could have come up with something hipper and cooler, but when was the last time someone name-checked the label on your mattress? We don’t invest in a lot of marketing, and we pass on those savings to you. We build your mattress to order, right here in the USA, with quality, organic materials. We also offer a 100-day, no-questions-asked, money back guarantee.

All because we want you to get your new mattresses today, not next Presidents Day.

xoxo,

Andrew and Robert