Westin Heavenly Bed Giveaway Website Terms Of Use

Effective Date: July 1, 2016

Westin Heavenly Bed Giveaway (“Website”) made available to you by or on behalf of Simmons, Inc. ("Simmons"). Your access to our Website is subject to the following Terms of Use ("Terms of Use"). These Terms of Use set forth the legally binding terms for your use of our Website and any services offered us in connection with our Website and will remain in full force and effect while you use our Website or services. You are authorized to use such services and our Website only if you agree to abide by all applicable laws, rules and regulations and these Terms of Use. By using the services or our Website, you agree to be bound by these Terms of Use.

Please read these Terms of Use carefully as it contains important information regarding your legal rights and obligations. If you object to anything in these Terms of Use (as amended from time to time), including the Privacy Policy, or are dissatisfied with our Website or services, your sole and exclusive remedy is to discontinue using our Website and services. If you have any questions about these Terms of Use, please contact us by email at marriottebp@simmons.com.

Modifications

We reserve the right to modify or amend these Terms of Use at any time. All changes will be effective immediately upon their posting on this Website. Material changes will be posted conspicuously on this Website. If you have registered with this Website, we will also provide you with email notification of such changes. By accessing the Website following the posting of changes to the Terms of Use, you agree to all such changes. We will indicate at the top of the page the date these Terms of Use were last revised.

Privacy Policy

The personally identifiable information that you provide us when using the features of our Website is subject to our Privacy Policy, which is incorporated by reference into and is a part of these Terms of Use. Please take the time to review the important information contained in our Privacy Policy regarding our collection and use of this information.

Your Use Of Our Website

You may download and/or print a copy of this Website’s content solely for your personal and internal use, provided you do not delete or modify any copyright, trademark, or other proprietary notices. You may not reproduce, duplicate, copy, sell, or otherwise transfer or commercially exploit our Website (or any portion of it), unless you have our express written permission to do so. You may only use our Website in accordance with these Terms of Use, any other terms applicable to the various features of our site and all applicable laws, rules and regulations. We may, in our sole discretion and at any time, discontinue the Website, or any part thereof, with or without notice. You agree that you do not have any rights in our Website and that we will have no liability to you if the Website is discontinued or your ability to access our Website is terminated.

Registration

If you choose to register with the Website, your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. As you will be responsible for all activity that occurs under your access credentials, you should preserve the confidentiality of your username and password. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify us by e-mail to marriottebp@simmons.com. You are solely responsible for your own losses and losses incurred by us and others (including other users) due to any unauthorized use of your account.

Eligibility; Authorization

Use of any part of our Website or services is void where prohibited. By using our Website or services, you represent and warrant that (a) all information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; (d) you have the authority to enter into these Terms of Use; and (e) your use of our Website or services does not and will not violate any applicable law, regulation or agreement.

Restrictions on Use

You specifically agree not to do any of the following: (a) use our Website or services to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction; (b) intercept or attempt to intercept electronic mail not intended for you; (c) misrepresent an affiliation with any person or organization; (d) restrict or inhibit use of our Website or services by others; (e) upload or otherwise transmit files that contain a virus or corrupted data; (f) collect information about others (including online IDs, and e-mail addresses) without their consent; (g) download a file or software or include in a message any software, files or links that you know, or have reason to believe, cannot be distributed legally over our Website or services, or that you have a contractual obligation to keep confidential (notwithstanding its availability on our Website or services); or (h) engage in any other conduct that restricts or inhibits anyone's use or enjoyment of our Website or Services, or which, as determined by us, may harm us or users of this Website or expose them to liability.

Further, you agree that you will not (i) use any robot, spider or other automatic device, process or means to access our Website or services, (ii) use any manual process to monitor or copy any of the material on our Website or services or for any other unauthorized purpose without our prior written consent, (iii) use any device, software or routine that interferes with the proper working of our Website or services, (iv) attempt to interfere with the proper working of our Website or services, (v) take any action that imposes an unreasonable or disproportionately large load on our infrastructure, or (vi) access, reload or "refresh" transactional pages, or make any other request to transactional servers, more than once during any three (3) second interval.

Trademarks

Beautyrest® and all other Simmons slogans, logos, and product and service names used with respect to Simmons products and services on this Website are trademarks owned by Simmons. Except with respect to the creation of a link to our Website in accordance with Simmons' Linking Terms, you agree not to display or use such trademarks, in any manner, without the written permission of Simmons.

Names, brands and marks of third parties may be the trademarks or registered trademarks of their respective owners and are used by Simmons subject to license, or used for identification purposes only. Users are expressly forbidden to misuse those marks.

Copyright

All copyrightable text, audio, video, recordings, graphics, charts, photographs, icons, and the design, selection, and arrangement of content on this Website are the proprietary materials of Simmons, Serta or their third party licensors or suppliers, unless otherwise noted. The distinctive and original layout and presentation of this Website constitutes protectable trade dress under applicable federal law. In addition, many proprietary trademarks belonging to Simmons, Serta or third parties appear throughout this Website.

We use proprietary algorithms to run certain software tools made available on this Website. These algorithms and all related software and technology are our sole and exclusive property and/or our licensors.

Any unauthorized use, reproduction or distribution of any copyrighted materials, trade dress, marks, or any other intellectual property belonging to us or any third party is strictly prohibited, and may be prosecuted to the fullest extent of the law.

Content Submitted or Posted

By posting, uploading, inputting, providing, sending, or submitting any content to this Website you agree to the following:

• You will not upload or transmit any communications or content of any type that infringes or violates any rights of any party.
• You will not use this Website for any purpose in violation of local, state, national, or international laws.
• You will not use this Website as a means to distribute advertising or other unsolicited material to any third party.
• You will not post material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity as determined by us in our sole discretion.
• You will not impersonate another person.
• You will not upload any content that violates any other person’s copyrights, trademarks, patents, trade secrets, or any other intellectual property rights.

You are solely responsible for the content you communicate or submit (“User Content”). We have no liability for your User Content. Although we are not obligated to monitor content or the accuracy of information submitted through this Website, you acknowledge and agree that we, in our sole discretion, have the right to monitor, without notice, any such content or information.

We also reserve the right, in our sole and absolute discretion, to prohibit any conduct and remove any content without notice for any reason, and to revoke any user’s access to this Website or the ability to post or submit for any reason. We may also limit, remove or delete any content or other information stored, submitted or used in connection with the services that we in our sole discretion deem to be in violation of these Terms of Use or any applicable federal, state or local law, regulation or ordinance.

We will cooperate with any governmental authority in connection with any inquiry into any user or any user content and may disclose information pertaining to any user and any user content to any governmental authority as may be requested.

By submitting User Content to us or posting it to any area of our Website you automatically grant to us and or affiliates an irrevocable, royalty-free, perpetual, fully paid nonexclusive right (including moral rights) and worldwide license to use, copy, reproduce, modify, adapt, publish, translate, communicate to the public, perform, display, and distribute such User Content (in whole or in part) and to prepare derivative works of, or incorporate into other works (in any form, media or technology now known or later developed, for the full term of any rights that may exist in such content) such User Content, and to grant and authorize sublicenses thereof (through multiple tiers).

If you post User Content in any public area of our Website, you also permit any user to access, display, view, store and reproduce such User Content for personal use and any other use consistent with the use for which it was intended. Subject to these Terms of Use, the owner of any User Content placed on our Website retains any and all rights that may exist in such User Content.

Copyright Claims

If you believe that your copyright in any material has been infringed by material available on this Website, please provide our copyright agent with all of the following information in the form prescribed by Section 512 of Title 17, United States Code:

• a description of the copyrighted work you claim has been infringed,
• a description of the material that you claim is infringing, identified with sufficient detail for us to identify it,
• your address, telephone number and email address,
• a statement by you that you have a good faith belief that the disputed use is not authorized
• a statement by you declaring under penalty of perjury that the above information is true and that you are the owner of the copyrighted interest or authorized to act on the copyright owner’s behalf, and
• a physical or electronic signature of the person authorized to act on behalf of the copyright owner’s interest.

Links

Through the Website, you may be able to access links to other Websites. These links are provided solely as a convenience to you and not as an endorsement by us of the contents on such third-party Websites. If you decide to access linked third-party Websites, you do so at your own risk. Because we have no control over such sites, you acknowledge and agree that we are not responsible for, and have no liability with respect to, the availability (or unavailability) of such sites, for the treatment of your personally identifiable information by such sites, or for the information, products, content or other materials on or available from such sites or resources. If you would like information on any other site's privacy policy, you should contact that party directly, and we encourage you to do so.

Disclaimers; NO WARRANTY

You acknowledge and agree that:

• YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK AND IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. Because our Website is provided to you "AS IS," you agree that we shall not be liable to you or to any third party for any delay in delivery of, or failure to deliver, any of your communications, or other information you submit using our Website. Because our Website is provided to you "AS AVAILABLE," you agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website or of your ability to access it.
• We also disclaim any warranty that (i) our Website will meet your requirements, (ii) our Website's operation will be uninterrupted, timely, secure, or error-free, and (iii) any information or communication that may be obtained from the use of our Website (including but not limited to, our retailers' pricing information) will be accurate or reliable (and we disclaim any liability for damages that may arise from your reliance on any such information or communication).
• You assume the full responsibility and risk for any damage to your computer or other consequences that result from your downloading any information, software, or other materials through our Website. We shall have no liability for any damage to your computer, including loss of data that results from your downloading any such materials.

Some states do not allow the disclaimer of implied warranties, so this provision may not apply to you.

Limitation of Liability

YOU AGREE THAT WE, OUR LICENSEES AND AFFILIATES SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, SUCH AS DAMAGES FOR LOST PROFITS OR LOSS OF GOODWILL, USE, OR DATA (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), THAT RESULT FROM: (a) YOUR USE OF OR INABILITY TO USE THE WEBSITE; (b) ACCESS TO OR ALTERATION OF YOUR PERSONALLY IDENTIFIABLE INFORMATION OR OTHER INFORMATION IN AN UNAUTHORIZED MATTER; (c) REPRESENTATIONS OR CONDUCT OF ANY THIRD PARTY RELATED TO THE WEBSITE; OR (d) ANY OTHER MATTER RELATING TO THE WEBSITE. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to you.

OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICE, INFORMATION OR PRODUCT ON WHICH SUCH CAUSE OF ACTION IS BASED.

Indemnification

You agree to indemnify and hold harmless us and our affiliates, third party information providers, suppliers, service providers, licensors, contractors and others involved in our Website or the delivery of services or information over our Website, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of (a) your use of our Website or services, or any information obtained therefrom, in violation of these Terms of Use, (b) your breach of these Terms of Use, (c) any breach of your representations and warranties set forth above and/or (d) any content that you post on or through our Website or services.

General

You agree that these Terms of Use describe the entire agreement between us with respect to its subject matter. The Website was created and is operated under the laws of the State of Georgia. We make no representation that materials on our Website are appropriate or available for use in other locations. If you access our Website from other locations, you are responsible for complying with local laws. The laws of the State of Georgia will control these Terms of Use, without giving effect to any principles of conflict of laws. You agree that exclusive jurisdiction over any cause of action arising out of these Terms of Use or our Website or services shall be in the State or Federal courts of the United States located in or near Atlanta, Georgia. If a court of competent jurisdiction finds that any provision of these Terms of Use is invalid or unenforceable, we both agree that the other provisions of these Terms of Use will remain in full force and effect. You agree that regardless of any applicable law to the contrary, you cannot file a claim or cause of action arising out of or related to the Website or these Terms of Use more than one (1) year after such claim or cause of action arose. Our failure to insist upon or enforce strict performance of any provision of these Terms of Use will not constitute a waiver of that provision.