Terms and Conditions
Dr Snooze INTERNET SITE TERMS AND CONDITIONS OF USE
Welcome to the Dr Snooze Internet site (the "Site"). The Site is owned and operated by SLR Enterprises LLC dba Dr Snooze. This page contains the Dr Snooze Internet Site Terms and Conditions of Use (these "Terms & Conditions"). The Site is made available only to those who agree to these Terms & Conditions. As such, these Terms & Conditions govern and control your access to and use of the Site and by accessing and using the Site you are agreeing to be bound by these Terms & Conditions. If you do not agree to be bound by these Terms & Conditions, you are not authorized to use the Site. Dr Snooze may change these Terms & Conditions from time to time, without notice to you, by posting such changes on the Site. By using the Site following any such changes, you agree to be bound by these Terms & Conditions as they may have been changed.
1. The Site and Dr Snooze’s Business. Dr Snooze is the operator of retail mattress stores for consumers ("Customers"). Our credit card underwriters may operate sites embedded within the Site. Such sites may be governed by separate or additional terms and conditions.
2. Compliance with Laws. Use of the Site is subject to compliance with all applicable international, federal, state and local laws and regulations.
4. Your Account and Password. If you are required to establish or use an account on the Site (whether or not as a Customer) and have been provided with a user name and password for such purpose, you are responsible for maintaining the strict confidentiality of that information. You are also responsible for any activity conducted under your account. You agree to: (a) immediately notify Dr Snooze of any unauthorized use of your password or account or any other breach of the Site’s security; and (b) ensure that you log-off and exit from your account at the end of each session. It is your sole responsibility to control the dissemination and use of your password, and control access to and use of your account. It is also your sole responsibility to notify Dr Snooze if you desire to cancel your account on the Site. Dr Snooze will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.
5. Rights to Site Content. As between Dr Snooze and Site visitors, Dr Snooze is the sole and exclusive owner of all intellectual property rights, proprietary rights and moral rights in and to the Site content including, without limitation, all text, graphics and photographs located within the Site.
6. Prohibited Conduct. The Site may not be used in any manner that is unlawful or harmful to the rights of Dr Snooze, any Customer or any third party. In no event shall you use the Site in a manner that exceeds the specific authorization granted by Dr Snooze under these Terms & Conditions or by other express written agreement. The prohibition on unauthorized uses includes (but is not limited to) an express prohibition any attempt to: (a) retrieve, alter, or destroy data on, from or through the Site; (b) probe, scan or test the vulnerability of a system or network on, from or through the Site; or (c) breach or defeat system or network security measures on, from or through the Site such as authentication, authorization, confidentiality, intrusion detection, or monitoring; (d) interfere with or disrupt the Site or the business, operations or services of Dr Snooze; (e) interfere with or disrupt any computer, host, network, or telecommunications device maintained by Dr Snooze or any third party; (f) interfere with or disrupt the legitimate use of the Site by any person; (g) transmit, distribute, disseminate, publish or store any information that is in violation of any applicable law or regulation or is defamatory, abusive, obscene, indecent, or harassing, or that threatens or encourages injury to persons or property or infringement of the lawful rights of Dr Snooze or any other party; (h) violate the privacy rights of Dr Snooze or any other party under applicable law or regulation; (i) use any technology that is or reasonably should be known to contain software viruses, trojan horses, or any computer code, files, or programs designed to disrupt, destroy, invade, gain unauthorized access to, corrupt, observe, or modify without authorization, any data, software, computing or network devices, or telecommunications equipment of Dr Snooze or any Customer or any other third party; (j) use the facilities of the Site to send, relay, forward, bounce, reply, or otherwise route commercial or non-commercial unsolicited electronic messages (commonly referred to as "spam") or commercial electronic messages even if previously solicited by the intended recipient; and (k) copy (whether directly or by use of any "scraping" or related technology) any of the contents of the Site.
7. DISCLAIMER OF WARRANTIES. THE SITE AND ALL INFORMATION CONTAINED ON IT IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Dr Snooze MAKES NO WARRANTIES WITH RESPECT TO THE ACCURACY OR COMPLETENESS OF INFORMATION CONTAINED ON THE SITE, OR THAT THE SITE WILL BE ERROR-FREE OR AVAILABLE FOR UNINTERRUPTED USE. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Dr Snooze THROUGH THE SITE SHALL CREATE ANY WARRANTY. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. YOU SHOULD NOT RELY ON THE SITE TO MAINTAIN ANY SUBMISSIONS YOU MAY MAKE; YOU SHOULD RETAIN ALL SUCH DATA AND INFORMATION IN YOUR OWN RECORDS FOR USE IN THE EVENT THAT THE SITE FAILS OR IS UNAVAILABLE, OR THE DATA OR INFORMATION IS LOST.
8. Indemnification & Limitation of Liability. You agree to defend, indemnify and hold Dr Snooze and each of its subsidiary, affiliated and related entities, and each of their respective directors, officers, members, shareholders, employees and suppliers (collectively the "Dr Snooze Parties"), harmless from any and all claims, liabilities, costs and expenses, including reasonable legal fees, arising in any way from your use or misuse of the Site or your breach or violation of the law or of these Terms & Conditions. You agree that the Dr Snooze Parties shall not have any liability to you under any theory of liability or indemnity in connection with your use of the Site. You hereby release and forever waive any and all claims you may have against the Dr Snooze Parties for losses or damages you sustain in connection with your use of the Site. IN NO EVENT SHALL THE Dr Snooze PARTIES BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, PROGRAMS OR DATA), RESULTING FROM ACCESS TO, USE OF, OR INABILITY TO USE THE SITE, OR DUE TO ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION VIA THE INTERNET, EVEN IF THE Dr Snooze PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER ARISING UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.
9. Applicable Laws. These Terms & Conditions shall be governed by and construed in accordance with the laws of the State of Florida without regard to principles of conflicts of laws. All proceedings relating to the Site or these Terms & Conditions shall be brought in the state or federal courts located in the State of Florida and you hereby irrevocably consent to the personal and exclusive jurisdiction of such courts. Dr Snooze controls and operates this Site from its offices in Florida in the United States of America. Dr Snooze does not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access this Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent applicable.
11. General. You agree that regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to use of the Site or the Terms & Conditions must be filed by you within one (1) year after such claim or cause of action arose or be forever barred. Should any provision of these Terms & Conditions be held to be void, invalid, unenforceable or illegal by a court of competent jurisdiction, the remaining provisions hereof shall remain in full force and effect. The waiver of any breach or default of these Terms & Conditions will not constitute a waiver of any subsequent breach or default, and will not act to amend or negate the rights of the waiving party. These Terms & Conditions constitute the complete agreement of the parties with respect to the subject matter hereof, and supersede all prior agreements and understandings in relation thereto.
At Dr Snooze, we value your privacy. We collect the email addresses of those who contact us, and information volunteered by customers when placing an order. We do this to improve our website, and to process the orders that are placed. We do not share any of the information that we collect with other organizations or third parties.
Cookies: A cookie is a small text file placed on your computer when you visit a website. We use session cookies to record information, such as which items you add to your shopping cart. These cookies are temporary, and are erased after you exit your browser.
Email: We will only email you with information that you requested, or information about your purchase. If you would prefer communication via phone call or postal mail, please contact us to change your preference.
Address and Phone Number: We require your phone number and address in order to process your order. Periodically, we may mail you special sales invites, or product mailings. If you do not wish to receive mail from us, please contact us to change your preference. We will not use your phone number for any business not involved in your pending order. We will not sell or give your information to any other organization or third party.
Security: We utilize encryption technologies and security safeguards to protect the information that we collect when transferring and receiving data from the site.