Englander

ENGLANDER.COM TERMS OF USE AGREEMENT

1. Agreement
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:

By accessing the information through the Site, you, the user ("you") agree that you have read and agree to use the Site in accordance with this Site's Terms of Use ("Terms of Use"). You should not use the Site in any manner or attempt to access the Site if you are not willing to be bound and abide by these Terms of Use. If you are using this Site as an employee or agent of an Englander authorized dealer or licensee, your continued use of the Site also means that you represent and warrant that you are able to enter into legally binding contracts and that you are authorized by your principals to (i) use the Site; and (ii) to agree to these Terms of Use as a legally binding contract on behalf of you and your company (or legal entity, as applicable).

For purposes of the Terms of Use, the term "Site" includes without limitation those parts of the Site that you can access based on your login account with the Site, if any; the publicly available content, materials and information of the Site, and any portion thereof; and any other content, information or materials that may be available to you through the Site (collectively, "Content").

2. Modifications to Terms of Use
We may revise these Terms of Use at any time by updating this posting. You should visit this page from time to time to review the then-current terms. If you do not agree with the revised Terms of Use after the revision has been made, do not use this Site further. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages at this Site.

3. Use of Personally Identifiable Information
Personally identifiable information submitted by you to us through the Site is treated according to the Englander.com Privacy Policy located on this Site. Our Privacy Policy does not apply to other Web sites, and Englander shall not have any liability for the information collection or dissemination policies of third parties. By using this Site, you agree you have read and understand the Privacy Policy, which is a condition to your use of the Site. You should not access the Site if you do not agree with the terms of the Privacy Policy.

4. Use of the Site
The Content on this Site is protected by copyright under both United States and foreign laws. Title to the Content remains with Englander. You may access the Site solely to display the Content for informational purposes only and to print and/or save copies of the Content with or on your personal computer, solely for your use in obtaining information regarding Englander and its products. Other rights may be granted to you by Englander in writing or incorporated elsewhere in the materials on this Site. Any other use of the Content or the Site is expressly prohibited and may violate copyright, trademark and other laws. All other rights in the Content and the Site are reserved by Englander. You agree these Terms of Use do not grant you any rights in or licenses to the Site, except for the rights described above. You will not otherwise copy, transmit, distribute, sell, license, de-compile, reverse engineer, disassemble, modify, publish, participate in the transfer or sale of, create derivative works from, perform, display, incorporate into another Site, or in any other way exploit any of the Content or any other part of the Site or any derivative works thereof, in whole or in part for commercial or non-commercial purposes. Without limiting the foregoing, you will not frame or display the Site (or any part of the Site) as part of any Web site or any other work of authorship without the prior written permission of Englander. All Content and features of the Site are subject to change or be removed without notice at the complete discretion of Englander.

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.

7. Trademarks
Englander®, Better Sleep, By Design™, Nature's Finest®, Tension Ease®, Posture Support®, Synergy®, 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
As a condition of your use of the Site, you represent and warrant that you shall not use the Site for any purpose that is unlawful or prohibited by these Terms of Use. You will not submit any false, misleading or inaccurate information to the Site. You will abide by all applicable local, state, national and international laws and regulations and you shall be solely responsible and liable for all of your acts or omissions that occur while you use the Site. By ways of example, and not as a limitation, you will not use the Site to:

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
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ENGLANDER (ON ITS BEHALF AND ON BEHALF OF ALL ITS SUBSIDIARIES AND AFFILIATES) EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION REGARDING ANY CONTENT OR OTHER INFORMATION ACCESSED THROUGH THE SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, DEALING, OR TRADE USAGE. ENGLANDER DOES NOT WARRANT THAT THE INFORMATION ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ENGLANDER.COM OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER ENGLANDER.COM NOR ANY THIRD PARTY CONTENT PROVIDER WARRANTS THAT ANY FILES OR INFORMATION AVAILABLE FOR DOWNLOADING THROUGH ENGLANDER.COM WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. NO MATERIALS OR OTHER ADVICE OR INFORMATION, WHETHER ORAL, WRITTEN OR IN ANOTHER FORM, OBTAINED BY YOU THROUGH THE SITE OR OTHERWISE, WILL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED IN THESE TERMS OF USE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OR FROM THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED TO YOU "AS IS."

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.

14. Indemnification
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
A waiver by Englander of any of the terms, provisions or conditions of these Terms of Use or the acquiescence of Englander to any act (whether commission or omission) shall not constitute a general waiver of such term, provision or condition of any subsequent act contrary thereto. These Terms of Use represent the entire understanding between you and us with respect to the subject matter of these Terms of Use and supersede all other written or oral agreements with respect to the subject matter of these Terms of Use.

17. Modifications to Terms of Use
Englander reserves the right to change this Terms of Use Agreement at any time. You are responsible for regularly reviewing these terms and conditions for any changes. Such changes, modifications, additions or deletions shall be effective immediately upon posting on ENGLANDER.COM. Continued use of ENGLANDER.COM following any such changes shall constitute your acceptance of such changes.

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.

20. Abuse
Englander works hard to maintain this site in an appropriate and useful format. If you believe anyone has abused the site or violated the Terms of Use, please report any such problems to: webmaster@Englander.com.