TERMS AND CONDITIONS
TERMS AND CONDITIONS OF USE OWNERSHIP OF SITE; AGREEMENT TO TERMS AND CONDITIONS OF USE
ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION CLAUSE BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND THE COMPANY WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
CONTENT AND TRADEMARKS
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code, including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content, contained on the Site (collectively, “Content”) is owned, controlled or licensed by or to the Company and is protected by trade dress, copyright, patent and trademark laws and various other intellectual property rights and unfair competition laws.
PERMITTED USE OF THE SITE AND CONTENT
VIRUSES, HACKING AND OTHER OFFENSES
You must not misuse the Site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or harmful. You must not attempt to gain unauthorized access to the Site, the server on which the Site is stored, or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you may commit a criminal offense. The Company will report any such breach to the relevant law enforcement authorities and will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.
The Company will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or your downloading any material posted on the Site or any third-party website linked to the Site.
From time to time, the Company may provide interactive services on the Site, including but not limited to chat rooms, bulletin boards, blogs and forums. The Company disclaims any obligation to oversee, monitor or moderate any interactive services provided on the Site, and in no event shall the Company be liable for any loss or damage arising from the use of any interactive service by a user in contravention with the Company’s content standards. If you post any content to the Site, you hereby grant the Company and its affiliates and licensees a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, publicly display, publicly perform, modify, sublicense, and distribute such content and incorporate it in other works, in whole or in part, in any manner and any media now known or hereafter developed. You grant the Company and its affiliates and licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own such content or otherwise have sufficient rights in the content to grant the foregoing license without infringing or violating the rights of any third party; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify the Company for all claims resulting from the content you supply. The Company has the right but not the obligation to monitor and edit or remove any activity or content. The Company takes no responsibility and assumes no liability for any content posted by you or any third party.
USER CONTENT STANDARDS
The following standards apply to any and all material which you contribute to the Site (“Contributions”) and to any associated interactive services:
- Contributions must:
- Be accurate (when they state facts);
- Be genuinely held (when they state opinions); and
- Comply with applicable laws in the United States of America and in any country from which they are posted.
- Contributions must not:
- Contain any material that is defamatory, obscene, offensive, hateful or inflammatory;
- Promote violence or any illegal activity;
- Infringe any copyright, trademark, or other intellectual property right of any other person;
- Be made in breach of any legal duty owed to any other person, such as a contractual or other duty of confidence;
- Abuse or invade another person’s privacy or cause annoyance, inconvenience or needless anxiety;
- Be used to impersonate any person or misrepresent your identity or affiliation with any person; or
- Give the impression that they emanate from the Company, if that is not the case.
The Company will determine, in its sole discretion, whether there has been a breach of these content standards through your use of the Site. When the Company determines that a breach has occurred, the Company may take such action as it deems appropriate, including but not limited to one or more of the following:
- Immediate, temporary or permanent withdrawal of your right to use the Site;
- Immediate, temporary or permanent removal of any Contribution by you;
- Legal proceedings against you for reimbursement of all costs (including but not limited to administrative and legal costs) incurred by the Company resulting from the breach; and
- Disclosure of such information to law enforcement authorities as the Company deems reasonably necessary.
In no event shall the Company be liable for any actions taken in response to any breach of these content standards.
OTHER TERMS AND CONDITIONS
Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. The Company makes reasonable efforts to accurately display the attributes of products, including the applicable colors; however, the actual color you see will depend on your computer system, and the Company cannot guarantee that your computer will accurately display such colors.
HEALTH RELATED INFORMATION
Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. You should read carefully all product labels and packaging prior to use. Information available on or through the Site is not meant to substitute the advice provided by your doctor or other health care professional. You should not use the information available on or through the Site, including but not limited to information that may be provided by healthcare or nutrition professionals, for diagnosing or treating a health condition or disease.
ACCOUNTS, PASSWORDS AND SECURITY
Certain features or services offered on or through the Site may require you to open an account. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account. You shall notify the Company immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by the Company or any other user of or visitor to the Site due to someone else using your account as a result of your failing to keep your account information secure and confidential. You may not use anyone else’s account at any time without the express permission and consent of the holder of that account. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
By using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information that you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
LINKS TO THE SITE
The Company prohibits the creation or maintenance of any link from another website to the Site or any portion thereof without the Company’s prior written consent. Similarly, the Company prohibits the running or displaying of this Site or any Content in frames or through similar means on another website without the Company’s prior written permission. Any permitted links to the Site must comply with all applicable laws, rules and regulations.
LINKS TO OTHER SITES
This Site may contain links to other independent third-party web sites (collectively, “Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under the Company’s control, and the Company is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
THE COMPANY DOES NOT PROMISE THAT THE SITE OR ANY CONTENT WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT ANY DEFECTS WILL BE CORRECTED OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SITE AND ANY PRODUCTS OR SERVICES LISTED OR PURCHASED ON OR THROUGH THE SITE. THE COMPANY FURTHER DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE. YOU ASSUME TOTAL RESPONBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. IN THE EVENT OF ANY PROBLEM WITH THE SITE, YOUR SOLE REMEDY AGAINST THE COMPANY FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THESE LIMITATIONS OF RELIEF ARE A PART OF THE BARGAIN BETWEEN THE PARTIES.
The Company reserves the right to do any of the following, at any time, without notice: (i) modify, suspend or terminate operation of or access to the Site or any portion of the Site; (ii) modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (iii) interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
LIMITATION OF LIABILITY
Except where prohibited by law, in no event will the Company be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if the Company has been advised of the possibility of such damage.
Domestic Use; Export Restriction.
We control the Web Site from our offices within the United States of America. We make no representation that the Web Site or its content (including, without limitation, any products or services available on or through the Web Site) are appropriate or available for use in other locations. Users who access the Web Site from outside the United States of America do so on their own initiative and must bear all responsibility for compliance with local laws, if applicable. Further, the United States export control laws prohibit the export of certain technical data and software to certain territories. No content from the Web Site may be downloaded in violation of United States law.
DISPUTES; ARBITRATION AGREEMENT; CLASS WAIVER; WAIVER OF TRIAL BY JURY; GOVERNING LAW; JURISDICTION
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH THE COMPANY, AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
- Applicability of Arbitration Agreement.
Any dispute or claim relating in any way to your use of the Site or to any products or services sold or distributed by the Company through the Site that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms set forth below, except that you and the Company are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.
- Arbitration Rules.
The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than ten thousand U.S. dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is ten thousand U.S. dollars (US $10,000.00) or more, the right to a hearing and the location of any such hearing will be determined by the Arbitration Rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- Additional Rules for Non-appearance Based Arbitration.
If nonappearance arbitration is elected as provided above, the arbitration shall be conducted by telephone, online, and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.
- Authority of the Arbitrator.
- Waiver of Jury Trial.
You and the Company hereby waive any constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and the Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, you and the Company waive all rights to a jury trial, instead electing that the dispute be resolved by a judge.
- Waiver of Class or Consolidated Actions
All claims and disputes within the scope of this agreement must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.
No part of the procedures shall be open to the public or the media. All evidence discovered or submitted at the hearing is confidential and may not be disclosed, except by written agreement of the parties, pursuant to court order or unless required by law. Notwithstanding the foregoing, no party shall be prevented from submitting to a court of law any information necessary to enforce this agreement to arbitrate, to enforce an arbitration award, or to seek injunctive or equitable relief.
- Small Claims Court.
Notwithstanding the foregoing, either you or the Company may bring an individual action in small claims court.
In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree that such disputes shall be governed by the laws of the United States and by the laws of the State of Illinois without regard to conflict of law principles. You consent to submit to the personal jurisdiction by and venue in the state and federal courts located in DuPage County, Illinois, and waive any objection to such jurisdiction or venue.
This Arbitration Agreement will survive the termination of your relationship with the Company.
VOID WHERE PROHIBITED
The Company administers and operates the Site from its location in California. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. The Company reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
FEEDBACK AND INFORMATION
Any feedback you provide at the Site shall be deemed to be non-confidential. The Company shall be free to use such information on an unrestricted basis. The information contained in the Site is subject to change without notice.
HOW TO CONTACT US
If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact us and visit http://www.matratsupplements.com
LAST UPDATED: April 27, 2017
CREDIT CARD SAFETY – SSL SECURE TRANSACTIONS
To protect your credit card information , matratsupplements.com uses the latest encryption technology. In addition to encryption, we process your credit card number on a server that is not accessible from the Internet. When shopping on matratsupplements.com, you can choose to shop in a secure mode using SSL encryption — the Internet standard for secure transactions. Or, you can call us with your credit card information.. Your order information and purchase history are further protected by a password of your choice. If you forget your password, we will first verify your identity, then send your password to the email address specific in your account.
COLLECTION AND USE OF PERSONAL INFORMATION
Here are some examples of how we collect personal information:
- When you set up a log-in account through the Site, you are required to provide certain information, such as your first and last name, address, telephone, and email address. You are also required to select a password.
- If you choose to communicate with us through email, via our website, by telephone, in writing or through other means, we may collect any personal information that you voluntarily provide to us.
- There may be a separate registration process to enter promotions such as contests and sweepstakes that may require the submission of all or some of the following: your first and last name, address, telephone number and date of birth. Additional information may be requested depending on the specific promotion, but submission of such information may be optional. The promotion’s entry page or rules will provide the specific requirements
Here are some examples of how we use personal information:
- The personal information that we collect allows us to keep you posted on our latest product announcements, promotions, special offers, and upcoming events. It also helps us improve our products, services, content, and advertising.
- From time to time, we may use your personal information to send important notices. Because this information is important to your interaction with us, you may not opt out of receiving these communications.
- We also may use personal information for internal purposes such as audits, data analysis, and research to improve our products, services, and customer communications.
- If you enter a sweepstake, contest, or similar promotion, we may use the information that you provide to administer those programs.
COLLECTION AND USE OF NON-PERSONAL INFORMATION
Non-personal information is data in a form that does not permit direct association with any specific individual. As is true of most websites, we may collect, use, and disclose non-personal information, such as user Internet Protocol (IP) addresses, browser type and language, Internet Service Provider (ISP), referring and exit pages, and date/time stamp, for any purpose, such as to better understand user behavior and facilitate the effectiveness of our content and advertising.
DISCLOSURE TO THIRD PARTIES
At times, we may make certain personal information available to strategic partners that work with us to provide products and services, or that help us market to customers. Personal information will only be shared by us to provide or improve our products, services and advertising; it will not be shared with third parties for their marketing purposes.
PROTECTION OF PERSONAL INFORMATION
The transmission of information via the Internet is not completely secure, and we cannot guarantee the security of your information transmitted to our Site; any such transmission is at your own risk. However, we take precautions – including administrative, technical, and physical measures – to safeguard your personal information against loss, theft, misuse, and unauthorized access, disclosure, alteration and destruction. We will continue to take such precautions for as long as we retain your personal information.
THIRD-PARTY SITES AND SERVICES
The Site may contain links to third-party websites. Information collected by third parties, which may include such things as location data or contact details, is governed by their privacy practices. We encourage you to learn about the privacy practices of those third parties because we are not responsible for the protection and privacy of any information that you provide while visiting third-party websites.
COOKIES & DO NOT TRACK REQUESTS
In addition, some web browsers may transmit “do-not-track” signals to the websites with which the browser communicates. We currently do not take action in response to these signals.
REQUESTS TO OPT-OUT, REMOVE OR MODIFY INFORMATION
If you do not want to be on our electronic mailing list, you can opt out any time. To modify your e-mail subscription, please unsubscribe from emails via the unsubscribe link in each email. You can also log in to your account on our website and modify your email preferences in the “My Account” section.
To modify or remove your personal information from our database, go to the “My Account” section and remove or modify the information you wish to change.
LAST UPDATED: April 27, 2017
PROMOTIONAL ITEMS RETURN POLICY
All sales are FINAL on any promotional items sold on matratsupplements.com. Please make sure that you have read the Return Policy in detail before making any purchases on matratsupplements.com.
MAT RAT SUPPLEMENTS® may accept returns of merchandise purchased directly from MAT RAT SUPPLEMENTS® through the Site only when all of the following conditions are satisfied:
- The merchandise must be received by MAT RAT SUPPLEMENTS® within 30 days of your purchase, no returns will be accepted after this time period.
- You must provide your Purchase Order number as received when your order was placed through the Site.
- Apparel and Accessories: Apparel and accessories must be unworn, unwashed and in good condition with all original tags and labels attached to the item and in the original packaging
- Dietary Supplements and other consumable products: Dietary supplements and other consumable product returns are only accepted if it was purchased through matratsupplements.com for which 75% or more of the product is unused
If you need to make a return, please call us during normal business hours (9am-5pm PST M-F) before sending the merchandise back. You will be asked to provide your Purchase Order number as received when an order was placed on the Site. Once we determine that your merchandise is eligible for return (see Return Policy), you will be issued a Return Authorization Number and given instructions on how to complete the process.
All reimbursements will be made to the credit card used for the original purchase. Please allow 2 billing cycles for the reimbursement credit to appear on your credit card statement.
LAST UPDATED: April 27, 2017
Mat Rat Supplement’s shipping & handling rate is $9 per unit for all US orders under $150, with FREE shipping & handling for orders over $150. *Free shipping offer valid in the continental U.S. only. For Alaska, Hawaii and all other locations please contact Customer Service for shipping & handling rates.
NO SHIPPING TO P.O. BOXES
Shipping Limitations. When an order is placed, it will be shipping to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Site. All purchases from this Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
LAST UPDATED: April 27, 2017