These Terms of Service comprise a binding legal agreement between you and Mack Mattress Outlet, Inc. (“Mack Mattress”). Please review this agreement carefully.
By visiting the website www.mackmattressoutlet.com or purchasing Mack Mattress products or services through its website you are accepting to be bound by these Terms of Service and you acknowledge that you have read, understood, and agree to these Terms of Service, including any additional guidelines and future modifications (collectively, the “Terms”). If you do not agree to the Terms, you may not use, or no longer use, the website. It is effective between you and us as of the date of you accepting this agreement.
These Terms were last updated on October 1, 2018. These Terms cover visiting our website, submitting information to Mack Mattress, purchasing mattress and/or delivery services, and any other services Mack Mattress may provide to you (the “Services”). By continuing to use the Services you agree to the Terms and any updates to the Terms. If you do not agree to the Terms or any updates to the Terms, you may not use the Services.
2. Online Purchases and Delivery Services
All purchases made online from Mack Mattress require payment at time of purchase unless other arrangements are made. By making a purchase of a mattress, box spring, bed, or other item and/or purchase of delivery services through the Website you agree to the following purchase and delivery terms found in this section.
You have a one-time 30-day exchange on select mattresses with a 20% restocking fee. Re-delivery fees apply to warranty and comfort exchanges. Warranties and comfort exchanges are void on stained or soiled mattresses of if a center-support frame is not used under queen and king beds. See your warranty papers for further exclusions. There is no refund available on any “free” promo items with a cancellation and instead the price of the “free” promo item plus tax will be deducted from the refundable amount.
There is no manufacturer’s warranty on factory seconds and clearance items and such items are offered as-is unless Mack Mattress offers its own warranty on such items. Mack Mattress’s general policy is to offer no refunds on any products or services purchased. No exchanges are allowed for mattress covers, pillows, or adjustable bases. Any item that is special ordered and not otherwise normally stocked by Mattress Mack cannot be cancelled even if you have not yet accepted delivery. First Quality products are covered under the “Factory Warranty Specifications” and are out of the control of Mack Mattress and the factory has final say on all such warranties. We recommend that a mattress protector be placed on all mattresses to protect from stains and to maintain your warranty.
You agree to release Mattress Mack from all liability resulting from any damage to your vehicle, your purchase, or other property if Mattress Mack assists you in tying your purchase to your vehicle.
For delivery services, Mack Mattress removes sanitary beds only and will not remove waterbeds.. “White glove service,” may be available for complete setup of a purchase at desired location and removal of old sanitary bed; however, Mack Mattress retains the right to refuse such service if there is an obstacle such as a tight staircase that makes such services too difficult. Path to the room housing the bed for removal must be as clear as possible as Mack Mattress is not responsible for household property damage. Mack Mattress will not dissemble any bed for removal and must be done by you. Standard Zone Delivery Services is door-to-door and Mack Mattress will leave your purchase inside the front door or garage and remove old sanitary bed if inside the front door or garage.
3. Your Content
The information collected when you provide information of any kind to Mack Mattressis known as the “Content.” By providing any Content to Mack Mattress, whether directly through your use of the Services, you grant Mack Mattressand Mack Mattress’saffiliates and service providers, and each of their and Mack Mattress’srespective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for the purpose of providing the Services. Mack Mattressdoes not claim any ownership in any of the Content, including any text, data, information, images, photographs, music, sound, video, or other material, that you upload, transmit, or store through the Services. You understand and acknowledge that you are responsible for any Content submitted by you and have full responsibility for such Content, including its legality, reliability, accuracy, and appropriateness. Mack Mattressis not responsible, or liable to any third party, for the content or accuracy of any Content submitted by you.
Mack Mattressdisclaims any and all liability in connection with or arising from Content uploaded, stored, transmitted or otherwise distributed by you. By uploading, storing, transmitting or otherwise distributing Content, you affirm, represent, and warrant that the Content does not and will not: (i) violate these Terms , (ii) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (iii) slander, defame, or libel any other person; or (iv) contain any viruses, adware, spyware, worms, or other malicious code. Violators of any third-party rights may be subject to criminal and civil liability. Mack Mattressreserves all rights and remedies against any Users who violate these Terms.
In the event Mack Mattressreceives any information or notice that any Content uploaded, stored, transmitted or otherwise distributed by user violates these Terms or infringes any copyright, trademark, or patent, or is alleged to infringe any copyright, trademark, or patent, Mack Mattressreserves the right to immediately remove the Content without notice to you and without any obligation to investigate an allegation of infringement. Mack Mattressfurther reserves the right in its sole and unfettered discretion to remove for any reason whatsoever and at any time, any Content uploaded, stored, transmitted or otherwise distributed by you, without prior notice to you.
4. Prohibited Activities; Enforcement of Policies
By agreeing to these Terms, you agree not to (or authorize or encourage any third party to) use the Services to (a) upload, store, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by Mack Mattress; (b) upload, store, transmit or otherwise distribute content that infringes upon another party’s intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; (c) use the Services for any fraudulent or inappropriate purpose, (d) impersonate any person or entity, falsely claim an affiliation with any person or entity, or access accounts of others without permission, forge another persons’ digital signature or identity, misrepresent the source, identity, or content of information transmitted via the Services, or perform any other similar fraudulent activity; or (e) use the Services for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy.
Mack Mattressreserves the right to scan all Content to ensure compliance with these Terms. In the event Mack Mattressdetermines, in its sole discretion, that your use of the Services is in violation of these Terms, Mack Mattressshall have the right without recourse by the user to immediately terminate your account.
5. Service Interruptions
Mack Mattressis not responsible for interruptions of service beyond its control. This includes interruptions by its suppliers and natural disasters.
6. Third Party Services
Mack Mattressmay use third-party vendors to deliver some of its Services. By using the Services you agree to Mack Mattressusing such third-party vendors and sharing your Content and information with these vendors. Upon request, Mack Mattresswill provide you with a list of any third-party vendors it may use for Services requested by you. Mack Mattressis not liable for any damages or liabilities caused by the use of any third-party vendor.
7. Data Confidentiality and Security
Mack Mattresshas taken commercially reasonable measures to ensure the safety of the Content when it is being stored and transmitted.
9. Modification of These Terms
When using the Service, any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time. All such guidelines and rules are hereby incorporated by reference into these Terms. Mack Mattressmay, at its sole discretion, modify or revise these Terms and policies at any time; by using the Service you agree to be bound by such modifications or revisions. If you do not accept and abide by these Terms, you may not use the Service.
When the Terms have been modified, we will, at our discretion, send you a notification or post an announcement on our website which will be displayed for a period of seven (7) days from the date the Terms were modified.
10. Indemnifications and Hold Harmless
You agree to defend, indemnify and hold harmless Mack Mattress, its affiliated companies, officers, directors, employees and agents from and against all claims, demands, suits, costs, damages, and expenses, including but not limited to attorneys’ fees and reasonable settlements that Mack Mattressmay sustain or incur by reason of (a) your use of the Services, (b) breach, alleged breach or violation of the foregoing warranties, representations and covenants, (c) any violation of any third party right arising from Content submitted by you, (d) any claim that any Content submitted by you caused damage to a third party, or (e) any other violation of these Terms. Your obligation to defend, indemnify and hold harmless Mack Mattressshall survive these the termination of any license between you and Mack Mattress, including these Terms.
11. Disclaimer of Warranties; Limitations of Liability
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS.” MACK MATTRESS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD-PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MACK MATTRESS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THE SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND MACK MATTRESS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.
THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES.
12. Limitation of Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MACK MATTRESS OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO ANY CLAIM RELATED TO THE SERVICE, THE USE OF OR INABILITY TO USE THE SERVICE AND WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MACK MATTRESS OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF DAMAGES WILL BE EFFECTIVE EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
13. Miscellaneous Terms
a) These Terms shall be governed by and construed in accordance with the laws of the State of Ohio, except for its conflicts of laws principles. You consent to the exclusive jurisdiction and venue in the state and federal courts in Franklin County, Ohio.
b) Mack Mattressmay transfer and assign these Terms and ownership of the Services without restriction. You may not transfer or assign any of these Terms or any Services.
c) You affirm and warrant that you are legally competent to enter into these Terms, and the conditions, obligations, affirmations, representations, covenants and warranties set forth herein.
d) If any provision of these Terms is found illegal or unenforceable, it will be enforced to the maximum extent permissible, and the legality and enforceability of the remaining provisions of these Terms shall not be affected.
e) No waiver of any term of these Terms shall be deemed to constitute a continuing waiver of such term.
f) By accepting these Terms, you agree to allow Mack Mattressto send you periodic emails including but not limited to system maintenance announcements, newsletter, and other marketing materials. You may unsubscribe from these communications at any time.
The Service is offered by Mack Mattress, located at:
3080 Cleveland Ave.
Columbus, OH. 43224