Englander Sleep Products ("Englander", "we" or "us") makes this Web site located at www.englander.com ("Site") available to you, subject to the following terms and conditions:
3. Use of Personally Identifiable Information
4. Use of the Site
5. Submission of Information
Englander does not accept ideas, concepts, or techniques for new services or products through the Site ("Comments"). If such Comments, or any other information, are received, you acknowledge that (a) they will not be considered confidential or proprietary, (b) Englander and its affiliates are under no obligation to keep such information confidential, and (c) Englander will have an unrestricted, irrevocable, world-wide, royalty free right to use, communicate, reproduce, publish, display, distribute and exploit such Comments or other information in any manner it chooses.
6. Users outside the United States
Englander controls this Site from its offices within the United States of America. Englander makes no representation that materials in the Site are appropriate or available for use in other locations outside of the United States of America, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from locations outside of the United States of America do so at their own risk and are responsible for compliance with applicable local laws.
Englander®, Better Sleep, By Design™, Nature's Finest®, Tension Ease®, Posture Support®, Posture Support Plus®, 21st Century®, Advanced Posture®, and other marks used in the Site are all trademarks of Englander Sleep Products. Other brand, product, service, and process names appearing on this Site are trademarks or service marks of their respective holders where indicated. Our trademarks may not be used publicly except with written permission from Englander. Reference to, description of or use of a product, service, publication or process on the Site does not imply recommendation, approval, affiliation, or sponsorship of that product, service, publication or process by us.
8. Web site Accuracy
Although Englander has tried to provide accurate and timely information on the Site, please be aware that the Site (including without limitation the Content) may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. The information published on the Site is provided as a convenience to visitors and is provided for informational purposes only. Accordingly, you should verify all information before relying on it. If you need specific details about any information contained in our Site, you should contact us as provided on the Site. Certain portions of this Site may indicate that information is provided by a third party. Englander does not accept responsibility for other organizations, businesses, and private persons that may provide information on this Site.
9. Prohibited Activities
Englander has no obligation to monitor your use of the Site or retain the content of any of your sessions on the Site. However, Englander reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
10. Links to Other Sites
Any links on this Web site may let you leave the Englander' Site and go to other Web sites. The linked sites are not under the control of Englander, and Englander is not responsible for the content, the accuracy thereof or any other aspect of any linked site or any link contained in a linked site. Englander reserves the right to terminate any link or linking program at any time. Englander does not endorse companies or products to which it links. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
11. Links from Other Sites
You may link to any publicly available page of the Site (i.e. a page that does not require you to enter your login I.D. in order to view it) through a plain text link provided that you do not violate any of the restrictions noted in the next sentence. Any web site or other device that links to http://www.Englander.com or any page available therein is prohibited from (a) replicating Content, (b) using a browser or border environment around the Content, (c) implying in any fashion that Englander or any of its affiliates are endorsing it or its products, (d) misrepresenting any statement of facts, including its relationship with Englander or any of its affiliates, (e) presenting false information about Englander products or services, and (f) using any logo or mark of Englander or any of its affiliates without express written permission from Englander.
12. Disclaimer of Warranties
13. Limitations on Liability
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL ENGLANDER, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, EMPLOYEES, AFFILIATES, AGENTS OR ITS THIRD-PARTY PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL LOSSES OR DAMAGES OR DAMAGES DUE TO DELAY AS A RESULT OF ENGLANDER.COM OR THE INFORMATION CONTAINED IN ENGLANDER.COM. THIS INCLUDES WITHOUT LIMITATION, ATTORNEYS' FEES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTUOUS ACTION, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY PRODUCTS OR SERVICES AVAILABLE ON ENGLANDER.COM, EVEN IF ENGLANDER HAS BEEN ADVISED OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PRODUCTS, SERVICES, INFORMATION, OR WITH ANY OF THE TERMS AND CONDITIONS CONTAINED IN ENGLANDER.COM, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING ENGLANDER.COM. IF ENGLANDER OR ANY OF ITS THIRD-PARTY PROVIDERS ARE FOUND LIABLE IN CONNECTION WITH A CLAIM ARISING OUT OF, OR RELATED TO THE PRODUCTS, SERVICES OR INFORMATION AVAILABLE ON OR THROUGH ENGLANDER.COM, THEIR AGGREGATE LIABILITY IN SUCH AN EVENT SHALL NOT EXCEED THE AMOUNT PAID FOR SAID PRODUCTS AND/OR SERVICES GIVING RISE TO THE LIABILITY INCURRED. YOUR RIGHT TO MONETARY DAMAGES IN SUCH AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES TO WHICH YOU MAY OTHERWISE BE ENTITLED FROM ENGLANDER OR ITS THIRD-PARTY PROVIDERS. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF ENGLANDER, THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
By use of the ENGLANDER.COM website, you hereby agree to indemnify and hold harmless Englander and its officers, directors, shareholders, members, employees, affiliates, agents or its third-party providers for any and all liabilities, claims, damages, and costs and fees, including attorney's fees, due to your use and/or misuse of the ENGLANDER.COM website and/or your breach of any of the terms of this User Agreement, or any breach of applicable law, and for any harm you may suffer due to third parties due to your use of the ENGLANDER.COM website. Englander reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate with Englander in asserting any available defense.
15. Infringement Claims Policy
Englander respects the intellectual property of others, and Englander asks you to do the same. If you believe some Content on the Site has been copied in such a way as to constitute copyright infringement, please contact the Englander representative designated below. Englander may investigate and take appropriate action.
16. No Waiver
18. Choice of Law; Venue and Jurisdiction; General
This Agreement shall be governed by and construed under the laws of the State of Louisiana, U.S.A., without regard to its rules governing conflicts of law. You consent to the exclusive jurisdiction and venue of courts in East Baton Rouge Parish, Louisiana, U.S.A. in all disputes arising out of or relating to the use of ENGLANDER.COM, or this Agreement, and you hereby confer personal jurisdiction on all such courts. Use of ENGLANDER.COM is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. 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.
19. Entire Agreement
This agreement constitutes the entire agreement between you and Englander with respect to ENGLANDER.COM. A printed version of this agreement will 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.